Will Kits in NSW: Signing and Witnessing Rules

Wills in New South Wales are governed by the Succession Act 2006. When we checked on 30 October 2026, the NSW legislation website blocked our tools, so the rules on this page come from the two official bodies that explain them to the public: NSW Trustee and Guardian (TAG) and Legal Aid NSW. Both say the same thing about a will kit. It can work, but only if you sign and witness it exactly right.

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.

NSW will rules at a glance

The law behind NSW wills

The Act is the Succession Act 2006 (NSW). If you want to read the sections on making and revoking a will, use the official register at that link. We couldn't open it on 30 October 2026, so this page doesn't quote section numbers for NSW. Instead it relies on TAG's Learn about Wills page, last updated 30 October 2025, and Legal Aid NSW's making a will page, last updated September 2026.

What makes a NSW will valid

TAG lists the requirements for a valid will in NSW:

• it is in writing, which can be typed or printed
• it is signed by you, or by another person at your direction and in your presence
• it is witnessed by two adults in your presence when you sign
• the witnesses cannot be beneficiaries

Legal Aid NSW adds that you must be over 18 and have capacity to make a will. It also describes the witnesses as two other people who are not beneficiaries.

Step by step: signing a kit will in NSW

1. Complete the kit, following its instructions word for word. Legal Aid NSW warns that a kit will may be invalid if you don't follow the instructions exactly.
2. Choose two adult witnesses who are not beneficiaries. Avoid the partner of a beneficiary too, so nobody can question the signing.
3. Get everyone together. Both witnesses need to be present when you sign.
4. Sign the will in front of both witnesses. If the kit asks you to sign or initial every page, do that while they watch.
5. Each witness signs.
6. Don't write on the will afterwards. To change it, use a codicil or make a new will, as Legal Aid NSW describes.
7. Store the original somewhere safe and tell your executor where it is.

Can a beneficiary witness a will in NSW?

TAG's answer is direct: "the witnesses cannot be beneficiaries". Legal Aid NSW says the same. Follow that advice. Other states handle this differently. Victoria, South Australia and the ACT have Acts saying a beneficiary witness doesn't lose the gift, while Queensland, Tasmania and the Northern Territory can void a gift to a witness. Our who can witness a will table sets out each state with its source.

Is a will kit legal in NSW?

Yes, a will made with a kit can be legal in NSW. The kit itself doesn't make a will valid or invalid. What matters is whether the finished will meets the requirements above and whether you had capacity.

TAG lists the ways you can make a will: through TAG, through online services (some of which offer review by a solicitor), through a solicitor, or with a do-it-yourself kit. On kits it says "it's strongly recommended you get it checked by a professional to make sure it's accurate and valid". Our guide to whether a will kit is legal explains the conditions that apply everywhere in Australia, and will kits compared sets out the options.

Marriage, divorce and separation

Legal Aid NSW explains what life changes do to a NSW will:

• Marriage revokes your will, unless the will was clearly made in planning for that marriage.
• Divorce revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will says otherwise.
• Separation without divorce doesn't revoke the will, so it stays valid, including any gift to the person you separated from.

Legal Aid NSW also says a will doesn't expire. You can update it with a codicil or a new will, and an attorney or enduring guardian can't update your will for you. TAG suggests reviewing your will every five years, and after events such as marriage, having children, a change in your finances, separation or divorce, moving overseas, or the death of a beneficiary or executor. See our guide to updating a will.

What a NSW will may not cover

TAG warns that some assets often don't pass under your will at all:

• superannuation and life insurance are often not part of your estate
• assets held as joint tenants pass to the surviving owner
• assets in a trust or company are usually not part of your estate

If super or jointly owned property makes up a large part of what you own, check how it will pass before you rely on a kit will.

NSW Trustee and Guardian fees

TAG's prices, as listed on its wills page on 30 October 2026:

WillSafe can hold a will, a power of attorney or an enduring guardian appointment. For other prices across Australia, see how much a will costs.

Power of attorney and enduring guardian in NSW

A will only works after you die. While you're alive, an enduring power of attorney covers money and property, and an enduring guardian covers health and lifestyle decisions. The NSW Government's power of attorney page says an enduring power of attorney must be witnessed by one of a set list of people:

• a solicitor or barrister
• a Local Court registrar
• a licensed conveyancer who has completed an approved course
• an overseas-qualified legal practitioner
• an employee of TAG or a private trustee company who has completed an approved course

The witness completes a certificate. The page also says a general power of attorney can be witnessed by any adult who isn't an attorney, that TAG doesn't provide blank forms, and that the document must be registered with NSW Land Registry Services before the attorney can deal with NSW real estate. More in our power of attorney guide.

Storing your will

Legal Aid NSW says there's no requirement to register a will in NSW. What matters is that the original can be found. TAG's WillSafe is one option. Wherever you keep it, make sure your executor knows where it is.

If you die without a will in NSW

Legal Aid NSW explains that if you die without a will, the law decides who inherits. As one example, if you leave a spouse and children from another relationship, your spouse gets your personal effects, a statutory legacy of $350,000 and half of the remainder, and the children share the rest. If you have no family who can inherit, your estate goes to the government. More in our guide to dying without a will.

Choosing an executor

Legal Aid NSW describes an executor's jobs as including arranging the funeral, applying to the Supreme Court for probate and distributing the estate. You can appoint more than one executor, jointly or jointly and severally, and you can name a substitute in case your first choice can't act. See our guide to being an executor.

When to get advice instead of a kit

A kit is a poor fit if your situation includes:

• children from more than one relationship, where Legal Aid NSW's intestacy example shows how shares can split
• a business, a family trust or a company
• property overseas
• someone who might expect to be left something and won't be
• doubts about your capacity, now or later

TAG and Legal Aid NSW can point you to help, or speak to a solicitor.

Frequently asked questions

How many witnesses does a will need in NSW?

Two adults, present when you sign, according to NSW Trustee and Guardian.

Can a family member witness my will in NSW?

An adult family member can witness if they aren't a beneficiary. TAG and Legal Aid NSW both say witnesses should not be beneficiaries.

Is a will kit from the post office legal in NSW?

It can be, if the finished will meets the NSW requirements and you follow the kit's instructions exactly. Legal Aid NSW warns it may be invalid otherwise.

Do I need to register my will in NSW?

No. Legal Aid NSW says there's no requirement to register a will. Keep the original safe and tell your executor where it is.

Does separation cancel my will in NSW?

No. Legal Aid NSW says a will stays valid after separation, until a divorce or a new will.

How much does NSW Trustee and Guardian charge for a will?

TAG lists packages from $462 for a standard will on its wills page, with free will preparation for people eligible for a full Centrelink Age Pension.

Can my attorney change my will?

No. Legal Aid NSW says an attorney or enduring guardian can't update your will.