Making a will in New South Wales

Wills in New South Wales are governed by the Succession Act 2006 (NSW). The same Act sets out who inherits when someone dies without a will (Chapter 4) and who can challenge a will (Chapter 3).

How do you make a valid will in NSW?

Section 6 of the Succession Act says a will isn't valid unless it is:

• in writing, typed or handwritten
• signed by you, or by someone else in your presence and at your direction, with the intention of making it your will (the signature doesn't have to be at the foot of the page)
• signed, or your signature acknowledged, in front of two or more witnesses who are present at the same time
• signed by at least two of those witnesses in your presence, although they don't have to sign in front of each other

A will doesn't need an attestation clause (the wording that describes how it was signed) to be valid (s 6(3)).

Who can witness a will in NSW?

The Act doesn't set a minimum age for witnesses. It does say a person who can't see you sign can't act as a witness (s 9). The NSW Government's guidance is to use two adults who aren't beneficiaries, and that's the safe choice.

What if a beneficiary witnesses the will?

In NSW a gift to someone who witnessed the will is void, although the rest of the will still works (s 10). The gift is saved only if:

• at least two of the people who witnessed the will aren't beneficiaries (s 10(3)(a))
• everyone who would benefit from the gift failing agrees in writing (s 10(3)(b))
• the Supreme Court is satisfied you knew and approved of the gift and made it freely and voluntarily (s 10(3)(c))

Section 10 catches the witness, not their husband, wife or partner, but a partner witnessing still invites questions later. The simple rule is two witnesses who get nothing under your will and aren't partnered with anyone who does. Our guide to who can witness a will compares every state.

Can a will be witnessed over video in NSW?

Yes. Part 2B of the Electronic Transactions Act 2000 (NSW) allows a will to be witnessed by audio visual link. The witness must watch you sign in real time, sign the will or a copy of it, and add a statement saying how the signature was witnessed (s 14G). It has more steps than signing in one room, so most people sign in person.

Who can make a will in NSW?

You need to be 18 or over. A will made by a minor isn't valid (s 5), with three exceptions:

• a minor can make a will in contemplation of marriage, but it has no effect if that marriage doesn't take place (s 5(2)(a))
• a minor who is married can make, change or revoke a will (s 5(2)(b))
• the Supreme Court can authorise a minor to make or change a will in terms it approves (s 16)

You also need testamentary capacity when you sign. Legal Aid NSW puts it simply: you understand what you're doing and how you want your estate to be distributed. If someone has lost capacity, the Supreme Court can make a will for them.

Does marriage or divorce cancel a will in NSW?

Getting married revokes your will (s 12(1)). Gifts to the person you're married to when you die, and their appointment as executor, trustee or guardian, survive (s 12(2)). A will made in contemplation of a particular marriage isn't revoked when that marriage happens, whether or not the will says so (s 12(3)).

Divorce or annulment cancels gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will shows you intended otherwise (s 13). Your will then works as if they had died before you. Your former spouse can still apply for a share of your estate through a family provision claim (s 13(5)), which our guide to contesting a will explains.

Separating isn't divorce, so your will stays as it is until a divorce takes effect. And NSW has no matching rule for the end of a de facto relationship, so a gift to a former de facto partner stays in your will until you change it. If you're engaged, the simplest path is a new will soon after the wedding.

What if a will wasn't signed properly in NSW?

The Supreme Court can treat a document that wasn't signed or witnessed correctly as a will, a change to a will or a revocation, if it's satisfied the person intended it to work that way (s 8). This is called the dispensing power.

Treat it as a last resort, not a shortcut. Your family would need a court application and evidence of what you intended, which takes time and money, and the result isn't guaranteed.

What happens if you die without a will in NSW?

Chapter 4 of the Succession Act decides who inherits, in a fixed order. Your spouse means a husband or wife, a registered partner, or a de facto partner of at least two years or with whom you had a child (ss 104, 105).

• Spouse, no children: your spouse takes the whole estate (s 111).
• Spouse and children who are all your spouse's children too: your spouse still takes the whole estate (s 112).
• Spouse and at least one child from another relationship: your spouse takes your personal effects, a statutory legacy and half of what's left, and your children share the other half (s 113).
• Children, no spouse: your children share equally, and grandchildren take the share of a child who died before you.
• No spouse or children: your parents, then brothers and sisters (with nieces and nephews taking a deceased sibling's share), then grandparents, then aunts and uncles (with first cousins taking a deceased aunt's or uncle's share).
• None of those relatives: the NSW Government takes the estate.

The statutory legacy started at A$350,000 and is adjusted for inflation, using the figure for the quarter before the date of death (s 106). NSW Trustee & Guardian gives it as A$587,649 as at May 2025. Its page on dying without a will sets out the order in full, and our guide to dying without a will compares the states.

Where should you keep your will in NSW?

NSW doesn't require you to register a will. The usual options are:

• NSW Trustee & Guardian's WillSafe: A$29 to store one document or A$49 for up to three, with no annual fee, and free if you appoint it as your executor or attorney (as at October 2026)
• the Supreme Court of NSW: anyone can deposit their will with the court for safekeeping, in a sealed envelope, for a fee (s 51)
• your lawyer, if a law firm prepared the will
• at home, somewhere fireproof, with your executor told exactly where

When someone dies, LawAccess NSW suggests searching their home first, then asking their lawyer or local law firms, their banks, their accountant or financial adviser, NSW Trustee & Guardian and the Supreme Court. NSW Trustee & Guardian has an online search of the wills it holds, which needs the person's date of birth and date of death.

How much does a will cost in NSW?

If you appoint NSW Trustee & Guardian as executor, it also charges fees to administer your estate after your death. See how much a will costs for a wider comparison.

How does probate work in NSW?

Probate is the court's confirmation that a will is valid and that the executor can deal with the estate. In NSW the executor applies to the Supreme Court of NSW for a grant of probate. If you've been named as an executor, our executor guide explains the job.

Making your will online in NSW with Willies

Willies prepares your will for the state you live in, with a signing page and instructions that follow NSW law. You answer about 10 minutes of plain-English questions and pay nothing until the end: A$149 for an Essential Will, or A$399 for a Complete Will if you need testamentary trusts, a family trust or SMSF, business interests, overseas assets or blended-family provisions.

A real person checks every will within 2 business days, and yours arrives as a PDF with step-by-step signing instructions. The first year of the Willies Plan is included (storage for your signed copy, unlimited updates and an encrypted digital legacy plan), then it's A$49 a year if you keep it. Read more about how our online wills work.

How to sign your will in NSW

1. Read your will from start to finish. If anything is wrong or missing, tell us before you sign.
2. Choose two witnesses aged 18 or over who can see you sign. Don't choose anyone who receives something under your will, or the husband, wife or partner of anyone who does. In NSW, a gift to a witness can be lost.
3. With both witnesses watching at the same time, sign the signing page at the end of your will in pen, and write the date.
4. Each witness then signs while you watch, and writes their full name, address and the date. It's best if all three of you stay together until everyone has signed.
5. Sign the foot of every other page. This stops pages being swapped; it isn't a legal requirement.
6. Don't unstaple, write on or change the will once it's signed. If something needs changing, ask us for an updated will.
7. Keep the signed original somewhere safe, tell your executor where it is, and upload a photo or scan of every page to your vault.

The signing page records that you signed in front of both witnesses at the same time, and that they then signed in front of you, as s 6 requires. If you need a witness to join by video instead, reply to our email before you sign: NSW allows it, but it needs a different signing page.