How to Draft a Will in Victoria: A Step-by-Step Guide
To draft a valid will in Victoria, you must be over 18 with testamentary capacity, put your wishes in writing, sign the document in front of two adult witnesses, and ensure it complies with the Wills Act 1997 (Vic). You can draft a will yourself, use an online service, or have a solicitor prepare one – only the third option provides legal advice tailored to your circumstances.
What Is a Will and Why Do You Need One?
A will is a legal document that controls what happens to your estate after you die. It lets you name who receives your assets – property, money, investments, personal belongings – appoint an executor to carry out your wishes, and, if you have children under 18, nominate a guardian to care for them.
Without one, you die intestate. Under the Administration and Probate Act 1958 (Vic), the state decides how your estate is distributed in a fixed order that may not reflect your actual wishes. Unmarried partners, close friends, and charities you care about receive nothing.
Nearly half of all Australians die without a valid will, leaving their families to navigate a process that’s both emotionally draining and legally complicated. Writing a will in Victoria is how you prevent that.
Legal Requirements for a Valid Will in Victoria
Age and Testamentary Capacity
You must be at least 18 years old to make a will in Victoria (with limited exceptions for married minors). You must also have testamentary capacity, meaning you understand what a will is, what assets you own, who your likely beneficiaries are, and that you’re making this document of your own free will. If capacity is later disputed, it can invalidate the entire will.
Written Form
Your will must be in writing – typed or handwritten. A verbal statement, text message, or video recording doesn’t satisfy this requirement under Victorian law.
Signing and Witnessing Rules
You must sign the will in the presence of at least two adult witnesses, both present at the same time. Both witnesses must then sign the document confirming they saw you sign it. Ideally, witnesses should not be beneficiaries under the will. Victorian law allows beneficiary witnesses but may require extra legal steps to confirm their inheritance, so it’s cleaner to use independent witnesses where possible.
The Wills Act 1997 (Vic)
All wills made in Victoria are governed by the Wills Act 1997 (Vic). This legislation sets out the formal execution requirements, rules around revoking a will, and the court’s power to rectify a document that doesn’t reflect the testator’s intentions. Failing to comply with these requirements can render your will invalid or contested.
Step by Step on How to Draft a Will in Victoria
Step 1 – List Your Assets and Liabilities
Before drafting a will, take stock of everything you own: real estate, vehicles, bank accounts, shares, superannuation, life insurance, and valuable personal items. Don’t forget digital assets (e.g. cryptocurrency wallets, online investment accounts, social media accounts with sentimental or monetary value). Also note any outstanding debts, as liabilities are settled from your estate before assets are distributed.
Step 2 – Choose Your Beneficiaries
Decide who receives what. Beneficiaries can be individuals, organisations, or charities. Be specific with names and relationships to avoid ambiguity, for example, “my daughter” is weaker than “Sarah Jane Smith, born 14/03/1990.” If a beneficiary predeceases you, your will should specify what happens to their share (a “substitution clause”).
Step 3 – Appoint an Executor
Your executor is responsible for carrying out your will, including applying for probate, paying debts, and distributing assets. Choose someone you trust who is organised and capable. It’s a significant responsibility. Many people name a spouse or an adult child as the executor, then a backup executor in case the first is unwilling or unable to act.
Step 4 – Nominate a Guardian for Minor Children (If Applicable)
If you have children under 18, nominating a guardian in your will is one of the most important decisions you’ll make. While the court ultimately decides what’s in a child’s best interests, your nomination carries considerable weight. Discuss it with the proposed guardian first; this part shouldn’t come as a surprise.
Step 5 – Decide on Specific Gifts and Funeral Wishes
You can leave specific items to specific people, e.g. a family heirloom to a sibling, a sum of money to a nephew. Keep in mind that if you no longer own an item when you die (“ademption”), that gift simply fails unless your will includes fallback provisions. You can also include funeral preferences, though these aren’t legally binding, so make sure your executor knows about them separately.
Step 6 – Draft the Will Document
The will should clearly state your full legal name, address, and date. It should revoke all previous wills and codicils, appoint your executor, list specific gifts, and direct how the residue of your estate is distributed. Avoid vague language. “I leave my estate to my family” creates disputes. “I leave my residuary estate equally to my children, John Smith and Emma Smith”, is unambiguous.
Step 7 – Sign with Two Witnesses
Print the final document and sign every page in front of two adult witnesses simultaneously. Both witnesses then sign and add their full names, addresses, and the date. No notarisation is required in Victoria, meaning you don’t need a notarised will for it to be valid, but you must sign it in front of two witnesses who must also sign.
Step 8 – Store Your Will Safely
Keep your will in a safe place where it can be easily accessed by your executor after you pass away. Options include a bank safe deposit box or a secure home safe. Your will does not need to be lodged or submitted anywhere. Tell your executor exactly where it is. An undiscovered will is effectively no will at all.
Your Three Options for Drafting a Will
DIY Will Kit
If you’re wondering how to write a simple will without professional help, a DIY kit is a good starting point. Available from newsagents, Australia Post, and online, they’re typically $30–$80. They work for simple situations: one spouse, straightforward assets, no blended family dynamics. However, Victorian courts regularly see problems from improperly completed DIY wills, including unclear wording, incorrect witnessing, and no provisions to minimise family provision claims. A cheap kit can lead to an expensive dispute.
Online Will Service
Online platforms guide you through a structured questionnaire and generate a will document for roughly $100–$200. They’re more reliable than a blank kit and suit people with uncomplicated estates. The limitation is that they offer no legal advice, they can’t flag issues specific to your situation, such as superannuation nominations, property held jointly, or potential claims from dependants.
Solicitor-Drafted Will
A solicitor prepares the will, advises on your specific circumstances, flags risks, and ensures the document is executed correctly. For a simple will, expect to pay $300–$800. For complex estates (e.g. business interests, blended families, international assets), costs rise accordingly, but so does the protection. This is the only option that provides legal advice and accountability. If a solicitor makes an error, you have recourse.
How Much Does It Cost to Draft a Will in Victoria?
| Option | Approximate Cost |
| DIY will kit | $30–$80 |
| Online will service | $100–$200 |
| Solicitor-drafted will (simple) | $300–$800 |
| Solicitor-drafted will (complex estate) | $800+ |
Considering a will governs the distribution of everything you’ve spent a lifetime accumulating, the cost of professional advice is modest. At BT Legal, we offer fixed and transparent fees. Contact us for a free quote.
Common Mistakes to Avoid When Drafting a Will
Unclear or contradictory wording
“I leave my house to my children” causes problems if you have stepchildren, estranged children, or children who predecease you. Be explicit.
Forgetting superannuation and life insurance
Super doesn’t automatically form part of your estate; it passes according to your binding death benefit nomination with your fund. Many people assume their will covers it. It often doesn’t.
Forgetting digital assets
Cryptocurrency, online share portfolios, PayPal balances, and digital business assets can be significant. List them, and make sure your executor can access them.
Choosing the wrong executor
An executor who lives overseas, has a conflict of interest, or simply isn’t up to the administrative task creates unnecessary delays and stress for your family.
Not updating after major life events
Marriage automatically revokes most wills in Victoria. Divorce doesn’t revoke a will but does revoke gifts and appointments in favour of a former spouse. The birth of a child, buying property, or a beneficiary dying are all triggers to review your will.
Improper witnessing
One of the most common reasons wills are challenged. Both witnesses must be present simultaneously, be adults, and sign after you sign.
Not considering family provision claims
Under the Administration and Probate Act 1958 (Vic), eligible persons (including spouses, children, and some dependents) can apply to the court for a larger share of your estate if they feel inadequately provided for. A solicitor can help structure your will to reduce this risk.
When You Should Update Your Will
Your will isn’t a set-and-forget document. Review it whenever:
- You marry – marriage revokes most wills in Victoria automatically
- You divorce or separate – gifts and appointments to a former spouse are revoked, but the rest of your will stands (which may not reflect your intentions)
- You have a child – to add guardianship provisions and update beneficiary arrangements
- You buy or sell significant property – particularly if you hold property jointly or in a trust
- A beneficiary or executor dies – substitution clauses matter here
- Your financial situation changes substantially – business interests, inheritances, or major debts
As a rule of thumb, review your will every three to five years, even without a specific trigger. Life changes quietly.
Get Your Will Drafted by Melbourne Solicitors
Writing a will in Victoria is straightforward when your affairs are simple, but most people’s circumstances are more complex than they realise. BT Legal’s wills and estates lawyers have over 10 years of collective experience helping Melburnians protect their estates and their families. We offer fixed, transparent fees and a free peace-of-mind quote so you know exactly what you’re up for before you commit. If you’re considering drafting a will or updating an existing one, contact BT Legal for an obligation-free consultation.
You might also want to consider a Power of Attorney in addition to your will. It appoints someone to make financial and personal decisions on your behalf if you lose capacity, and it works hand-in-hand with a well-drafted will to give you complete estate planning coverage.
Frequently Asked Questions
No, you can draft a will yourself or use an online service. If you want to know how to write a simple will for a straightforward estate, the step-by-step guide above covers exactly that. But only a solicitor can give you legal advice about your specific situation, flag risks like family provision claims, and ensure the document is properly executed. For anything beyond a very simple estate, professional advice is worth it.
Yes. A handwritten will is valid in Victoria provided it’s signed and witnessed correctly under the Wills Act 1997 (Vic). That said, typed wills are clearer and less prone to interpretation disputes.
Two adult witnesses, both present at the same time when you sign. They must also sign the will. They should ideally not be beneficiaries or married to a beneficiary.
In most cases, yes. Marriage automatically revokes a will in Victoria unless the will was expressly made in contemplation of that marriage. If you marry after drafting your will without updating it, your estate could be distributed as if you had no will at all.
Not directly. Superannuation passes outside your estate via a binding death benefit nomination with your super fund. Your will doesn’t control it unless the fund pays to your estate. Speak to a solicitor or financial adviser to coordinate your super and estate planning.
You die intestate, and your estate is distributed according to the Administration and Probate Act 1958 (Vic) – typically to your spouse, then children, then parents and siblings. Unmarried partners, friends, and charities receive nothing regardless of your wishes.
Review it every three to five years as a baseline, and update it after any major life event – marriage, divorce, birth of a child, significant asset purchase, or the death of a beneficiary or executor.
Yes. You can add a codicil (a formal amendment, signed and witnessed the same way as the original will) or create an entirely new will that revokes the previous one. Never cross out or write over your existing will, alterations made after signing aren’t valid unless properly executed.
It means you understand the nature and effect of making a will, the extent of your estate, and who has a reasonable claim on it, and that you’re acting freely. If capacity is genuinely in doubt (for example, due to dementia), a solicitor can arrange a capacity assessment before the will is signed.
An online service generates a document based on your answers to set questions. A solicitor asks follow-up questions, identifies issues the platform wouldn’t flag, advises on superannuation, joint assets, tax implications, and family provision risks, and takes professional responsibility for the outcome. For most people with property or family complexity, the difference is significant.
This article provides general information about writing a will in Victoria and does not constitute legal advice. For advice specific to your circumstances, consult a qualified Victorian legal practitioner. You can also check BT Legal’s conveyancing fees page if you’re also navigating a property transaction alongside your estate planning.
