When writing a will in Australia, you should clearly outline who will receive your assets, name an executor to carry out your wishes, appoint guardians for any minor children, and include instructions for funeral arrangements if desired.

Your will should also address any debts and specify how you’d like personal items—such as jewellery, heirlooms, or pets—to be distributed. It must be signed and witnessed properly to be valid.

1. Start with Your Personal Details

Begin your will by clearly identifying yourself. This includes your full legal name, current address, and possibly your date of birth. This helps avoid confusion in case someone else shares your name.

You should also declare that this document is your last will and testament, and revoke any previous wills. This ensures there’s no misunderstanding about which document reflects your final wishes.

Key Takeaway: Start with accurate personal details and declare the will as your final one to prevent disputes.

2. Appoint an Executor

An executor is the person you trust to carry out the instructions in your will. They’ll be responsible for handling your estate, paying debts, and distributing your assets per your instructions.

You can choose a family member, a close friend, or a professional such as a solicitor or public trustee. It’s a good idea to name an alternate executor in case your first choice is unable or unwilling to act.

Key Takeaway: Pick someone reliable and organised to be your executor—and consider naming a backup just in case.

3. Choose Guardians for Your Children

If you have children under 18, your will is the place to nominate a legal guardian. This is one of the most significant decisions you’ll make in your will.

Talk to the person you wish to appoint before including them. You can also leave financial instructions for how their care should be supported.

Key Takeaway: Use your will to safeguard your children’s future by appointing a trusted guardian.

4. List Your Assets and Beneficiaries

Clearly, list who gets what. This might include:

• Real estate
• Bank accounts
• Shares or investments
• Superannuation (check how it’s handled separately)
• Personal items like cars, jewellery, or family heirlooms

Name your beneficiaries and specify what each person will receive. You can also make general statements like, “I leave the remainder of my estate to my spouse.”

Key Takeaway: Be clear and specific about what you own and who gets it—this reduces the chance of misunderstandings.

5. Include Any Gifts or Donations

You can leave gifts to charities, friends, or extended family. These can be monetary gifts or specific items.

Be clear about the amount or item, and name the person or organisation accurately. For charities, use their full legal name and ABN if possible.

Key Takeaway: Whether it’s $50 or a family heirloom, gifts can make your will more personal—clarity avoids confusion later.

6. Address Your Debts and Liabilities

Your executor will be responsible for settling any debts from your estate. While it’s not necessary to list each one in your will, it helps to make note of any large or ongoing debts such as mortgages or personal loans.

You can also state how you’d like these to be paid—for example, using proceeds from the sale of a property.

Key Takeaway: Make your executor’s job easier by noting major debts and how they should be handled.

7. Outline Funeral and Burial Preferences

Though not legally binding, many people include their funeral wishes in their will. You can specify preferences for:

• Burial or cremation
• Funeral service details
• Cultural or religious practices
• Donations in lieu of flowers

If you’re planning ahead, this gives your family peace of mind during a difficult time.

Key Takeaway: Including your funeral preferences can guide your loved ones during an emotional period.

8. Add a Residuary Clause

A residuary clause deals with everything left over after specific gifts have been distributed. Without it, your remaining assets may be dealt with under intestacy laws (as if you had no will at all).

You can simply state, “I leave the residue of my estate to [beneficiary’s name].”

Key Takeaway: A residuary clause ensures nothing is left out or disputed when your estate is settled.

9. Make It Legal—Sign and Witness Correctly

To be valid in Australia, your will must be:

• Signed by you
• Signed in front of two witnesses, who are not beneficiaries
• Witnessed at the same time

Failure to follow these steps can result in your will being challenged or invalidated. It’s a good idea to date your signature as well.

Key Takeaway: Don’t skip the legal formalities—your will isn’t valid unless it’s properly signed and witnessed.

10. Keep It Safe and Up to Date

Once your will is complete, store it in a safe, accessible place. Let your executor know where it is. Review your will regularly, especially if you:

• Marry or divorce
• Have children
• Buy or sell significant assets
• Change your mind about beneficiaries

You can update your will at any time by writing a new one or adding a codicil.

Knowing what to write in a will helps you protect your loved ones and make sure your wishes are carried out just the way you want.

From choosing an executor and guardians to detailing assets, gifts, and funeral preferences, each section of your will plays a role in managing your legacy.

With a clear and valid will in place, you give your family clarity and peace of mind for the future.