How to make a will in Victoria

Wills in Victoria are governed by the Wills Act 1997 (Vic). Who inherits when there's no will is set by Part IA of the Administration and Probate Act 1958 (Vic).

How do you make a valid will in Victoria?

Section 7 of the Wills Act says a will isn't valid unless:

• it's 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 making a will, wherever it appears on the page
• you sign, or acknowledge your signature, in front of two or more witnesses who are present at the same time
• at least two of those witnesses sign in your presence, although not necessarily in front of each other

When everyone signs together in person, the will doesn't need a statement saying how it was signed (s 7(2)). There's nothing to register or lodge: a properly signed paper will is complete on its own.

Who can witness a will in Victoria?

The Act doesn't set a minimum age for witnesses. It does say a person who can't see you sign can't be a witness (s 10). Two adults who can see clearly, and who'd be easy to find later, are the sensible choice.

Can a beneficiary witness a will in Victoria?

Legally, yes. A witness, or their spouse or domestic partner, isn't disqualified from taking a gift under the will (s 11). That makes Victoria more forgiving than NSW or Queensland, where a gift to a witness can be lost.

It's still a bad idea. A beneficiary who watched you sign makes it easier for someone to argue later that you were pressured or didn't understand the will. Use two witnesses who get nothing under it. Our guide to who can witness a will compares the states.

Can a will be witnessed over video in Victoria?

Yes, under the remote execution procedure in ss 8A to 8D. One witness must be a special witness: an Australian lawyer, a justice of the peace or someone in a prescribed class (s 3). Every step must happen on the same day and within Victoria, and each witness who joins by video must make sure the will carries a statement that it was witnessed by audio visual link (s 8A).

Who can make a will in Victoria?

A will made by someone under 18 isn't valid (s 5). The exceptions are:

• a minor can make a will in contemplation of marriage, but it has no effect if that marriage doesn't take place (s 6(a))
• a minor who is married can make, change or revoke a will (s 6(b))
• the Supreme Court can authorise a minor to make a will (s 20)

You also need testamentary capacity. Victoria Legal Aid describes the test: you understand what a will is and what it does, roughly what you have to leave, and any reasonable claims on your estate, such as from someone who depends on you financially.

Does marriage or divorce cancel a will in Victoria?

Getting married revokes your will (s 13(1)). Gifts to the person you're married to when you die, and their appointment as executor, trustee or guardian, survive (s 13(2)). A will made in contemplation of a particular marriage isn't revoked by that marriage, whether or not the will says so, and a will expressed to be made in contemplation of marriage generally isn't revoked by any marriage (s 13(3)).

Divorce or annulment cancels gifts to your former spouse and their appointment as executor, trustee or guardian (s 14(1)). It doesn't cancel their appointment as trustee of property left on trust for beneficiaries who include their children. None of this applies if it appears you didn't want the gift or appointment cancelled (s 14(2)), and otherwise the will works as if your former spouse had died before you (s 14(3)).

Separating isn't divorce, so your will stays as it is until a divorce takes effect. The Wills Act also has no matching rule for the end of a domestic partnership, so a gift to a former 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 Victoria?

The Supreme Court can admit to probate a document that wasn't signed or witnessed correctly, if it's satisfied the person intended it to be their will (s 9). This is called the dispensing power.

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

What happens if you die without a will in Victoria?

Part IA of the Administration and Probate Act 1958 sets the order. Your partner can be a spouse or domestic partner: Victoria Legal Aid explains that an unmarried partner qualifies if you lived together for two years, had a child together or registered your relationship.

• Partner, no children: your partner takes the whole estate (s 70J).
• Partner and children who are all your partner's children too: your partner still takes the whole estate (s 70K).
• Partner and at least one child from another relationship: if the estate is worth no more than the statutory legacy, your partner takes it all. Otherwise your partner takes your personal chattels, the statutory legacy with interest, and half of what's left, and your children share the other half (s 70L).
• Children, no partner: your children share equally.
• No partner or children: your parents, then brothers and sisters, then grandparents, then aunts and uncles, then cousins.
• No living relatives in those groups: the estate goes to the government.

The statutory legacy is indexed every financial year (s 70M). For deaths from 1 July 2026 to 30 June 2027 it's A$591,390, according to the Supreme Court of Victoria. The court's intestacy questionnaire walks families through who is entitled, and our guide to dying without a will compares the states.

Where should you keep your will in Victoria?

Victoria has no compulsory will register. The usual options are:

• State Trustees' Victorian Will and Powers of Attorney Registry: free for Victorian residents. You can send in the original, or keep it yourself and register where it is.
• the Supreme Court of Victoria: you can deposit your will with the Registrar of Probates for safekeeping (Administration and Probate Act 1958 s 5A). There's a fee to deposit it and another to take it back out, but no ongoing storage fee.
• your lawyer, if a law firm prepared the will
• at home, somewhere fireproof, with your executor told exactly where

To find a will after a death, families can search the Supreme Court's deposited wills index online, and ask the person's lawyer and bank. State Trustees releases registry details only to the will-maker or their nominated executor or attorney.

How much does a will cost in Victoria?

The concession discount covers holders of a Commonwealth Seniors Health Card, Health Care Card, Pensioner Concession Card or eligible veterans' cards. If State Trustees is your executor, it charges fees to administer your estate after your death. See how much a will costs for a wider comparison.

How does probate work in Victoria?

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

Making your will online in Victoria with Willies

Willies prepares your will for the state you live in, with a signing page and instructions that follow Victorian 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 Victoria

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 Victoria the gift isn't lost, but it can lead to the will being challenged.
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 is written for signing in person. If you need to use Victoria's video procedure instead, reply to our email before you sign: one witness must be a lawyer or a justice of the peace, everyone must be in Victoria, and the will needs extra statements.