Is a Will Kit Legal in Australia? What Makes It Valid

A will kit is a set of printed or downloadable forms and instructions you use to write your own will. People buy them because they're cheap and quick, then worry about whether the result will stand up. The short answer is that a kit will is legal in every Australian state and territory, as long as the finished document meets your state's rules. This page explains those rules, with the section of each Act we read on 30 October 2026, and the mistakes official sources warn about.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

The short answer

Australian law doesn't care who wrote the will or what paper it's on. Each state's Act sets out formal requirements, and a will that meets them is valid whether a lawyer drafted it, you used a kit, or you wrote it by hand. The NT Government, for example, lists three ways to make a will: ask a solicitor, buy a do-it-yourself kit from an Australia Post office or some newsagencies, or use the Public Trustee if you're eligible.

The core requirements are the same in every state:

• the will is in writing
• you sign it, or someone signs for you in your presence and at your direction
• you sign, or acknowledge your signature, in front of two or more witnesses present at the same time
• each witness signs in your presence
• you intend the document to be your will
• you have testamentary capacity, and you're 18 or over, unless an exception applies

The rule in each state's Act

None of these sections mention a lawyer, a kit or a particular form. South Australia replaced its Wills Act 1936 with the Succession Act 2023, so a kit or article that cites the 1936 Act for South Australia is out of date.

Is a handwritten will legal?

Yes, if it's signed and witnessed like any other will. The ACT Public Trustee and Guardian's FAQs say a handwritten will is valid if it complies with the requirements. A handwritten note that isn't witnessed doesn't meet the formal rules, though a court may sometimes accept it (see below).

What official sources say about kits

Official pages accept that kits are legal and are cautious about the risks.

Queensland Public Trustee's FAQs say writing a will yourself or using a kit can be risky because it may not be properly signed and witnessed, or the wording may not achieve what you want. They also note there's generally a cost for a self-made will kit, though you may be able to pick one up free.

Legal Aid WA's wills page says a will is an important legal document that must follow strict legal requirements, that it's best to get legal advice and have it drafted by a lawyer, and that a badly written will often leads to delays and disputes.

Victoria Legal Aid's making a will page says to sign at the foot of each page if there are several, use the same pen, and date the will when you sign.

NSW Trustee and Guardian's wills page recommends professional advice and says assets held by companies or in trusts generally need specific advice.

The mistakes that make a kit will fail

From the requirements and the official warnings above, these are the points where a kit will is most likely to go wrong:

Signing without both witnesses present. Every Act requires two witnesses present at the same time when you sign or acknowledge your signature. Signing alone and asking witnesses to sign later doesn't meet the rule.

Using a beneficiary as a witness. In Queensland, Tasmania and the NT, a gift to a witness is void unless an exception applies. NSW official sources say witnesses shouldn't be beneficiaries. See who can witness a will.

Unclear wording. Queensland Public Trustee warns that the wording may not achieve what you want. Describe people by full name and relationship, and describe gifts precisely.

Leaving out a residue clause. A will should say who gets everything not specifically given away. If part of your estate isn't dealt with by the will, intestacy rules can apply to that part. Our guide to dying without a will covers those rules.

Writing on the will after signing. In Victoria, the Act requires an alteration to be executed like a will. An unwitnessed change may not count.

Using the wrong state's kit. Signing rules, beneficiary witness rules and powers of attorney differ by state. A kit built for one state may give the wrong instructions for another.

Forgetting that life events change a will. In WA, divorce revokes the whole will. In South Australia, marriage or starting a registered relationship revokes a will, with exceptions. Check your state page after any big change.

When a court can save a will that doesn't meet the rules

Several states let the Supreme Court treat a document as a will even if it wasn't signed or witnessed properly, if it's satisfied the person intended it to be their will. Section 32 of the WA Act and section 10 of the Tasmanian Act are examples. Tasmania's test is that the court is satisfied beyond reasonable doubt.

This is a safety net for families, not a plan. It means a court application after your death, paid for by the estate, with no guarantee of success. Signing the will properly costs nothing.

When a kit may not be enough

A kit suits a simple estate. Official sources point to advice when:

• assets are held by a company or a trust, according to NSW Trustee and Guardian
• you have assets overseas, where NSW Trustee and Guardian highly recommends advice from someone qualified in that country's inheritance laws
• your circumstances are complicated or you're unsure about the wording, which is the concern Queensland Public Trustee and Legal Aid WA raise

If cost is the reason for choosing a kit, check your state's Public Trustee first. Queensland Public Trustee makes wills for free, and several others offer free or low-cost wills to eligible people. See how much a will costs.

Kit, online will or lawyer?

Whichever you choose, you still sign in front of two witnesses. A Public Trustee or lawyer can explain how, and a kit or online service gives you written instructions to follow.

See will kits compared and online wills in Australia.

Frequently asked questions

Is a will kit legally binding in Australia?

Yes, if the finished will meets your state's formal requirements and you had capacity. The kit itself doesn't make the will valid or invalid.

Can I write my own will without a lawyer?

Yes. None of the state and territory Acts require a lawyer. Official sources recommend advice for complicated estates.

Does a will kit need to be registered?

No. None of the Acts we read require registration for a will to be valid. Some Public Trustees offer storage or a register.

Does a will need to be notarised in Australia?

No. A will needs two witnesses, not a notary or a JP.

Can I use a will kit from another state?

The core requirements are similar, but beneficiary witness rules and other details differ. Use one written for your state.