Can You Write Your Own Will in Australia? Common Mistakes to Avoid 

Applies across all Australian states 

Yes, you can legally write your own will in Australia — but that doesn’t mean you should. 

Many DIY wills end up being partially valid, challenged in court, or completely ignored, simply because of small but critical mistakes. Here’s what to watch out for if you’re considering writing your own. 

Common Mistakes in DIY Wills 

1. Improper Signing and Witnessing

Your will must be: 

• In writing (typed or handwritten) 

• Signed by you in front of two witnesses 

• Signed by both witnesses in your presence 

If this isn’t done correctly, the will may be invalid or face delays in probate. 

2. Ambiguous or Incomplete Instructions

Wording like “I leave everything to my family” may sound simple, but it can lead to disputes. Terms like “family”, “dependents”, or “next of kin” have specific legal meanings, and courts may interpret them differently than you expect. 

A valid will must: 

• Clearly name your beneficiaries 

• Clearly state what each person is to receive 

• Include backup instructions in case someone passes away before you 

If you have blended families, estranged relatives, or complex relationships, a DIY will can increase the risk of challenges. In these cases, it’s best to seek legal advice to ensure your wishes are followed. 

3. No Executor Named

If you don’t name an executor (or choose someone legally unfit), the court will appoint one — which can delay administration and cause disputes. 

4. Leaving Out Assets or Liabilities

Many DIY wills miss out on things like: 

• Superannuation 

• Life insurance 

• Digital assets 

• Debts or business interests 

These may not form part of your estate unless addressed properly. 

Tip: Even if you write your own will, having it reviewed by a solicitor can avoid costly disputes and ensure your final wishes are respected. 

Disclaimer: This article provides general information only and does not constitute legal advice. Will laws and formalities may vary slightly between Australian states. Always seek professional guidance before signing a legal will. 

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FAQ: 

Q1: Is a handwritten will legal in Australia? 

Yes, but it still must be properly signed and witnessed to be valid. 

Q2: Can I use a will kit or online template? 

You can, but errors in execution or vague wording may still make the will invalid or open to challenge. 

Q3: What if I forget to include an asset? 

It may fall into the “residue” of your estate, but if the will is unclear, it could result in disputes or partial intestacy. 

Q4: Can someone contest my DIY will? 

Yes, especially if the will is unclear, poorly drafted, or lacks formal validity. Challenges can come from family members, dependents, or others excluded. 

(Note: This FAQ is general information only and does not replace legal advice. Always check your will with a qualified professional.) 

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