Will Kits in Victoria: Signing and Witnessing Rules

Victoria's will rules are close to the rest of Australia on the basics, with two differences worth knowing before you use a will kit. Victoria allows a will to be signed and witnessed over a video link if a set procedure is followed, and its Wills Act doesn't strip a gift from a beneficiary who witnessed the will. This page explains both, using the Act and official Victorian sources checked on 30 October 2026.

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.

Victorian will rules at a glance

We read the authorised version of the Wills Act 1997 that has been in force since 26 April 2021, from the Victorian legislation website.

What makes a Victorian will valid

Section 7 of the Wills Act 1997 says a will is not valid unless:

• it is in writing and signed by you, or by someone else in your presence and at your direction
• the signature is made with the intention of executing a will, whether or not it appears at the foot of the will
• you make or acknowledge the signature in the presence of two or more witnesses present at the same time
• at least two of the witnesses attest and sign the will in your presence, though not necessarily in each other's presence

Victoria Legal Aid's making a will page puts it simply: make the will in writing and sign it in front of two or more witnesses. It also suggests dating the will when you sign. When everyone is in the same room, it says you should sign at the foot of each page if there are several pages, and use the same pen.

You also need testamentary capacity. Victoria Legal Aid describes the test as knowing and understanding what a will is and its effect, roughly what you have to leave, and any reasonable claims on your property, such as a claim by someone who depends on you financially.

Remote witnessing by video link

Of the eight state and territory Wills Acts we read for this site, Victoria's is the only one that sets out a way to witness a will by audio visual link. Section 8A of the Wills Act describes the remote execution procedure. In summary:

• one witness must be a special witness, which the Act defines as an Australian legal practitioner, a justice of the peace, or a member of a prescribed class
• every step must happen on the same day and within Victoria
• the witnesses must clearly see you sign, by video link or a mix of video and physical presence
• each remote witness signs and adds a statement that they witnessed by audio visual link under the procedure
• the special witness signs last and adds a statement confirming the procedure was followed and the type of special witness

Victoria Legal Aid summarises the same rules. This is not a simple do-it-yourself step. If you want to use it, a lawyer or JP who does remote witnessing can guide the process.

Can a beneficiary witness a will in Victoria?

Section 11 of the Wills Act 1997 says a person who witnesses a will, or their spouse or domestic partner at the time, "is not disqualified from taking a benefit under the will". That is different from Queensland, Tasmania and the Northern Territory, whose Acts can void a gift to a witness.

Official sources in other states still advise against beneficiary witnesses. If you can, choose two adults who receive nothing under the will. Our who can witness a will table compares every state.

Is a will kit legal in Victoria?

Nothing in Victoria's Act requires a lawyer to prepare a will. A kit will is valid if it meets section 7 and you had capacity. Victoria Legal Aid points readers to the Law Handbook for an example will and says it is a guide only. Our guide to whether a will kit is legal lists the conditions that apply everywhere.

The risk with any kit is the wording and the signing. A will that is unclear can still cause problems for your executor even if it was signed correctly. If something about your signing is unusual, Victoria Legal Aid suggests an affidavit, such as a doctor's affidavit about your capacity when you made the will, to help prevent a later challenge.

Marriage, divorce and separation

Marriage. Section 13 says a will is revoked by your marriage. A gift to, or appointment of, the person you are married to at your death survives. A will made in contemplation of a particular marriage isn't revoked by that marriage, and a will expressed to be made in contemplation of marriage generally isn't revoked by your marriage.

Divorce. Section 14 says divorce revokes gifts to your former spouse and their appointment as executor, trustee, advisory trustee or guardian, unless it appears you didn't want that. Victoria Legal Aid's changing a will page says the will generally takes effect as if the divorced spouse had died before you, but it's best to change your will.

Separation. Victoria Legal Aid says separation doesn't automatically revoke a will, so your former partner will still get your property unless you make a new will.

Changing a Victorian will

Victoria Legal Aid says you can change your will as often as you like. You can add a codicil, a legal document used to make minor changes, but the best way is to make a new will, which automatically cancels the old one. It suggests making a new will if you marry, divorce or separate, buy a significant asset or investment, or get involved in a new business, company or trust. More in our guide to updating a will.

State Trustees Victoria options and fees

State Trustees Victoria makes wills online and by appointment. Its prices, checked on 30 October 2026:

State Trustees says more complex circumstances are better handled at a will appointment.

Enduring power of attorney in Victoria

The Office of the Public Advocate's enduring power of attorney page says free fillable forms are on the Department of Justice and Community Safety website, though it recommends legal advice. The witnessing rules:

• two adult witnesses
• one must be authorised to witness affidavits or be a registered medical practitioner
• neither can be your relative, one of your attorneys or their relative, or your care worker or accommodation provider

The Office of the Public Advocate says remote witnessing of these documents is allowed by audio visual link, but recommends face-to-face witnessing wherever possible. Victoria Legal Aid also suggests considering powers of attorney and a medical treatment decision-maker when you make your will. See our power of attorney guide.

If you die without a will in Victoria

Victoria Legal Aid's page on dying without a will says that if you leave a partner, all of the estate goes to them, unless there are children from another relationship, in which case some may go to those children depending on the estate's size. Children with no partner share equally. A domestic partner needs to have lived with you for two years, have a child with you, or have registered the relationship to benefit. The estate goes to the government only if there are no living relatives. More in our guide to dying without a will.

Frequently asked questions

How many witnesses does a will need in Victoria?

At least two, present at the same time when you sign or acknowledge your signature, under section 7 of the Wills Act 1997.

Can I witness a will over Zoom in Victoria?

Victoria's remote execution procedure allows witnessing by audio visual link, but one witness must be a special witness such as a lawyer or JP, and everything must happen on the same day within Victoria.

Can a beneficiary witness my will in Victoria?

Section 11 says a witness isn't disqualified from taking a benefit. Independent witnesses are still the safer choice.

Does divorce cancel my will in Victoria?

Not the whole will. Section 14 revokes gifts to your former spouse and their appointments, unless you showed you wanted them kept. Separation alone doesn't revoke anything.

How much is a State Trustees online will?

$75 as a one-off payment, according to State Trustees on 30 October 2026.

Is a will kit from the newsagent legal in Victoria?

It can be, if the finished will meets section 7 and you have capacity. The kit itself doesn't make it valid. The writing, signing and witnessing do.