How to Write a Valid Will in NSW

Last Updated: November 7, 2026

Table of Contents

• What Makes a Will Legally Valid in NSW
  • The Succession Act 2006 Requirements
• Who Can Make a Will and When Testamentary Capacity Matters
• What to Include in a Will: Executors, Beneficiaries and Guardians
• Who Can Witness a Will in NSW
• Step-by-Step Signing and Witnessing Checklist
• Using a Will Template in NSW: Risks and Limits
• Updating a Will After Marriage or Divorce
• When a Will Does Not Meet Formal Requirements
• Frequently Asked Questions

What Makes a Will Legally Valid in NSW

A valid will in NSW must be in writing, signed by the will-maker in front of two witnesses, and signed by those witnesses in the will-maker’s presence. Miss any of these steps and the document may not stand. This guide explains how to write a valid will in NSW, from first draft to final signature.

The rules sit in the Succession Act 2006 (NSW), which sets out the formal requirements every will must meet.

A will is a legal document that states who receives your assets after you die and who manages your estate. Get the formalities right and your wishes are more likely to be protected. Get them wrong and your family may face a court application.

The Succession Act 2006 Requirements

Section 6 of the Succession Act 2006 (NSW) sets out what a valid will needs:

• In writing. Handwritten, typed or printed all count.
• Signed by the will-maker. Or signed by someone else in your presence, at your direction.
• Two witnesses present at the same time. Both must watch you sign, then sign in front of you.

No particular form of words is required. But every element above must be present.

A will that fails these rules is invalid unless the Supreme Court grants an exception. That application takes time and money. Getting the signing right takes far less.

Section 6 of the Succession Act 2006 (NSW) sets out the formal requirements every will must meet.

Who Can Make a Will and When Testamentary Capacity Matters

Anyone aged 18 or over can make a will, provided they have testamentary capacity. That means understanding what a will is, roughly what you own, who your family are, and the effect of your decisions.

Capacity is where many disputes start. Common warning signs include confusion about assets, pressure from a family member, or a diagnosis affecting memory. If capacity is in doubt, seek legal advice before signing.

What to Include in a Will: Executors, Beneficiaries and Guardians

A clear will covers five things:

1. Executor. The person who applies for probate and administers the estate. Choose someone organised and willing to act. Name a backup.
2. Beneficiaries. Who receives what. Be specific with gifts and name the residue of the estate, which is everything left over.
3. Guardian. For minor children, name who should raise them. This is a guardianship wish, not a binding order.
4. Debts and expenses. Your estate pays these before distribution.
5. Funeral wishes. Optional, but it saves your family guesswork.

If you own property with someone as joint tenants, that property passes to them directly and sits outside the will. Readers sorting out who gets what may also want to know whether a lawyer is needed for property settlement.

Who Can Witness a Will in NSW

A beneficiary or a beneficiary’s spouse should not witness a will. If a beneficiary witnesses, their gift may be void under the Succession Act.

Choose two independent adults. A neighbour, a work colleague or a bank officer works.

Both witnesses must be present together. Signing on separate days in front of different people does not meet the requirement.

Step-by-Step Signing and Witnessing Checklist

Execution is where valid wills most often fail. The sequence below is a commonly followed approach. Set aside ten minutes and do not rush it.

Before the signing:

• Read the whole will aloud, or have someone read it to you, and confirm you understand every clause
• Check the executor, backup executor, beneficiaries and any guardians are correctly named
• Clear the table. Remove other documents, especially earlier wills or draft versions
• Confirm both witnesses are aged 18 or over and neither is a beneficiary or a beneficiary’s spouse

The signing:

1. Tell both witnesses clearly: “This is my will. I am signing it now.”
2. Sign and date the will in front of both witnesses, using the same pen and the same name you normally use
3. Both witnesses must watch you sign. No one signs early and no one leaves the room
4. Witness one signs, then witness two signs, both in your presence and in each other’s presence
5. Each witness prints their name, address and occupation beside their signature
6. Everyone stays in the room until all three signatures and the date are complete

A common attestation clause reads: “Signed by the testator in our presence and attested by us in the presence of the testator and of each other.” Including a clause like this is not strictly required.

After the signing:

• Store the original somewhere safe, such as a solicitor’s office or a bank safe deposit box
• Tell your executor where the original is kept
• Keep a copy, clearly marked as a copy, and note where the original is held

Watch out: common execution errors include a witness signing before the will-maker, a witness leaving the room mid-signing, a beneficiary acting as witness, and signing a document that is not the final version. Any of these can put the will at risk.

If you want professional help with execution, our divorce lawyers in Sydney can review the document and supervise signing.

The woman is Australian.

Using a Will Template in NSW: Risks and Limits

A will template NSW users download online can work, but only if it fits your situation. Templates suit simple estates: one house, a bank account, a straightforward family.

They fall short where there are blended families, a business, overseas assets, or a family provision claim risk. A template cannot tell you that your spouse may have a claim on the estate regardless of what the will says.

Our view: use a template as a starting point to organise your thinking. Then have a lawyer check it. Readers weighing that decision can consult an experienced family lawyer before signing.

Updating a Will After Marriage or Divorce

Marriage revokes an existing will unless the will was made in contemplation of that marriage. Divorce does not revoke a will, but it removes the former spouse as executor and beneficiary.

Other changes worth a fresh will:

• A new child or grandchild
• Death of an executor or beneficiary
• Buying or selling significant property
• Separation, even before divorce is final

You can update by making a codicil, a short amendment signed and witnessed the same way. For most people, a new will is cleaner.

If a marriage is ending, understanding marriage annulment in Australia helps clarify your status before you update your estate plans.

When a Will Does Not Meet Formal Requirements

A defective will is not automatically dead. Under the Succession Act 2006 (NSW), the Supreme Court may in some circumstances admit a document to probate as a will even if it does not meet the formal signing and witnessing requirements.

The court weighs the evidence as a whole. Factors that commonly matter include:

• Whether the document is in the deceased’s handwriting or was prepared on their instructions
• Whether the deceased signed it, even informally, or asked someone else to sign
• Whether the deceased told family, friends or a solicitor that the document was their will
• Whether the document is complete or obviously a draft
• Whether there is any later document that revokes or supersedes it
• Whether the deceased had testamentary capacity at the time

The outcome depends on the evidence, and such an application can be costly and uncertain.

What to do if you think a will may be defective:

1. Do not distribute the estate or assume the document is invalid
2. Keep the original document and any drafts, emails or notes about the deceased’s wishes
3. Gather evidence from people who discussed the will with the deceased
4. Seek legal advice promptly, because time limits and notice requirements apply to estate claims
5. Consider whether the parties can agree, which is usually cheaper than a contested application

Watch out: a defective will may still be admitted, but a court application can be costly and take considerable time. Prevention is generally cheaper than cure, so take care with the signing if there is any doubt.

If you are dealing with an invalid or contested will, our guide to legal steps for estate administration in Macarthur sets out what happens next.

Writing a will is straightforward when the formalities are followed and risky when they are not. Maatouks has over 22 years of experience helping NSW families get estate documents right, with offices in the CBD, Liverpool, Penrith and Narellan and a free phone consultation to start. Our team can review your draft, supervise signing and witnessing, and confirm your executor and beneficiary choices hold up. Get started with Maatouks and put your estate plan on solid ground.

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