Will kits in Australia: are they legal, and what goes wrong?

Are will kits legal in Australia?

Yes. No state requires a lawyer to prepare a will. A will is valid if it's in writing, signed by you with the intention that it be your will, and your signature is made or acknowledged in front of two witnesses who are present at the same time and then sign it themselves.

That's the rule in Succession Act 2006 (NSW) s 6, Wills Act 1997 (Vic) s 7, Succession Act 1981 (Qld) s 10, Wills Act 1970 (WA) s 8, Succession Act 2023 (SA) s 8, Wills Act 2008 (Tas) s 8, Wills Act 1968 (ACT) s 9 and Wills Act 2000 (NT) s 8. A will made on a kit form meets it just as well as one printed by a law firm.

So the question isn't whether a kit is legal. It's whether you'll fill it in and sign it without a mistake, because nobody checks it before it matters.

What's in a will kit?

A typical kit contains one or more blank will forms with spaces to fill in and an instruction booklet with sample wording. Some are downloadable templates you print at home. Because the signing rules are broadly the same across Australia, one kit can usually be used in any state, as long as you follow your state's witnessing rules.

Will kits typically retail for about A$25 to A$40 (as at October 2026), and are sold at post offices and online. South Australia's Legal Services Commission says they usually cost less than A$50. Free templates are also available online. If you use one, check it's written for Australian law.

Why do will kit wills go wrong?

The law isn't the problem. The problems are small, practical mistakes that nobody spots until after you've died, when they can't be fixed by asking you.

1. The signing isn't done properly

Both witnesses must be present at the same time and see you sign (or acknowledge your signature), and then sign while you're there. Signing with one witness and getting the second later, or witnesses signing in another room, doesn't meet the rule.

Courts in every state can still accept a document as your will if they're satisfied you intended it to be (for example, Succession Act 2006 (NSW) s 8; in Tasmania the court must be satisfied beyond reasonable doubt, Wills Act 2008 (Tas) s 10). But that needs an application to the Supreme Court with evidence, which costs your family time and money, and it isn't guaranteed.

2. A beneficiary or their partner witnesses it

In NSW, Queensland, Tasmania and the Northern Territory, a gift to a witness can be lost unless an exception applies (Succession Act 2006 (NSW) s 10, Succession Act 1981 (Qld) s 11, Wills Act 2008 (Tas) ss 12 to 14, Wills Act 2000 (NT) s 12). In the other states the gift survives, but a beneficiary witnessing invites an argument that the will-maker was pressured.

Kits often get witnessed at the kitchen table by whoever's there, which is exactly how this happens. Choose two adults who inherit nothing, and who aren't the partner of anyone who does.

3. The rest of the estate isn't given away

A kit form with lines for gifts tempts people to list their things: the house to one child, the car to another, the savings to a third. What's forgotten is the residue, meaning everything not listed, including assets bought later.

Anything the will doesn't give away passes under your state's intestacy rules, a partial intestacy. That can send money to people you didn't choose and usually means more cost and delay. A good will always has a clause leaving "the rest of my estate". See dying without a will.

4. There are no backups

If a beneficiary dies before you and the will doesn't say who takes their place, their gift usually fails. For gifts to your own children, the law in each state generally passes the gift to that child's children (for example, Succession Act 2006 (NSW) s 41). For anyone else, the gift falls into the rest of your estate, or into intestacy if that clause fails too.

The same goes for executors and guardians. Naming one person with no backup leaves a gap if they die first or can't act.

5. Changes are made after signing

Crossing something out, writing in a new name or adding a line after the will is signed generally has no effect unless the change itself is signed and witnessed like a will, for example with the signatures of you and both witnesses in the margin (Succession Act 2006 (NSW) s 14, Wills Act 1997 (Vic) s 15, Succession Act 1981 (Qld) s 16 and Wills Act 1970 (WA) s 10, with the same rule elsewhere). An unwitnessed change also leaves your executor having to explain it.

Don't write on, unstaple or attach anything to your signed will. To change it, make a new will or a codicil.

6. Gifts are unclear, or the will tries to give away what it can't

• "My car" or "my shares" can mean nothing if you sold them, and the gift fails rather than passing to the replacement.
• "My estate to my children" doesn't include stepchildren you think of as your own.
• Super and property owned as joint tenants don't pass under a will at all. See binding death benefit nominations.
• A gift of a house or car normally goes with the loan secured on it unless the will says otherwise.

7. The will isn't kept up to date

Marriage generally revokes an existing will, and divorce revokes gifts to your former spouse (in Western Australia, the whole will). A kit filled in years ago may no longer say what you want, or may no longer be valid. See how to make a will for when to review it.

When is a will kit fine?

A kit can work well if most of these are true:

• You're leaving everything to a partner, then to your children equally, or to a few adults in clear shares
• You don't have children under 18 who'd need a guardian and a trust for their inheritance
• You don't own a business, a family trust, an SMSF or assets overseas
• You don't expect anyone to contest your will
• You'll read the instructions properly and sign with two independent witnesses

If several of those aren't true, a kit leaves a lot to get right on your own.

Will kit vs online will vs lawyer

Willies sits in the middle column. The questions ask who takes each gift if someone dies first and always cover the rest of your estate, a real person checks every will within 2 business days, and it arrives as a PDF with step-by-step signing instructions for your state. Prices start at A$149 and you pay nothing until the end. We don't give legal advice, so if your situation is complicated, a lawyer is the better choice.

Can I buy a will kit at the post office?

Yes. Will kits are sold at post offices as well as online. A post office kit is like any other: it's valid if you fill it in correctly and sign it in front of two witnesses as your state requires, and the same mistakes apply.

How to use a will kit safely

1. Read the whole booklet before you write anything.
2. Write clearly in pen, or type, and use full names for everyone.
3. Name an executor and a backup executor.
4. Name guardians and backups for any children under 18.
5. Give every gift a backup, and include a clause leaving the rest of your estate.
6. Check you're not trying to give away super or jointly owned property.
7. Sign in front of two adult witnesses at the same time, neither of whom inherits or is the partner of someone who does.
8. Don't write on the will after it's signed. Store the original safely and tell your executor where it is.