{"id":225,"date":"2026-07-11T21:22:55","date_gmt":"2026-07-11T21:22:55","guid":{"rendered":"https:\/\/glann.au\/blog\/?p=225"},"modified":"2026-07-11T21:22:55","modified_gmt":"2026-07-11T21:22:55","slug":"making-a-will-in-australia-diy-kits-vs-lawyers-and-what-makes-one-valid","status":"publish","type":"post","link":"https:\/\/glann.au\/blog\/?p=225","title":{"rendered":"Making a Will in Australia: DIY Kits vs Lawyers and What Makes One Valid"},"content":{"rendered":"<p class=\"wp-block-paragraph\">Making a will is one of the most important steps Australians can take to ensure their assets are distributed according to their wishes after death. The decision to draft a will using <strong>DIY Will Kits<\/strong> or to engage a <strong>lawyer<\/strong> remains a contentious topic throughout Australia in 2026. While the idea of writing your own will may appear convenient and cost-effective, understanding the complexities of <strong>estate planning<\/strong> and the strict <strong>testamentary requirements<\/strong> involved can be daunting without proper guidance. This article explores the legal frameworks that define what makes a will valid in Australia, contrasts the benefits and pitfalls of DIY wills versus professionally drafted ones, and underscores why expert <strong>legal advice<\/strong> remains indispensable for many.<\/p>\n\n<p class=\"wp-block-paragraph\"><strong>Key points to consider about making a will in Australia:<\/strong><\/p>\n\n<ul class=\"wp-block-list\"><li>DIY wills are legally recognized if they meet specific criteria under state laws, including proper execution and witnessing.<\/li><li>While <strong>DIY Will Kits<\/strong> offer affordability and privacy, they risk invalidity and misinterpretation without tailored legal input.<\/li><li><strong>Lawyers<\/strong> bring expertise in asset protection, nuanced drafting, and handling complex estates that DIY templates often cannot address.<\/li><li>Invalid wils and estate disputes often lead to costly, lengthy court processes that reduce inheritance for beneficiaries.<\/li><li>Statistics show a significant portion of DIY wills in New South Wales are deemed invalid or contested due to poor drafting or procedural errors.<\/li><\/ul>\n\n<h2 class=\"wp-block-heading\">Legal Foundations and Testamentary Requirements for Will Validity in Australia<\/h2>\n\n<p class=\"wp-block-paragraph\">To understand why drafting a will properly is so crucial, it\u2019s essential to grasp the legal framework that governs the validity of wills in Australia. Each state has its own legislation, but common principles apply nationwide under laws such as the <strong>Succession Act 2006 (NSW)<\/strong>. Generally, for a will to be considered legally binding, it must satisfy the following conditions:<\/p>\n\n<ul class=\"wp-block-list\"><li>The will must be in writing, either typed or handwritten.<\/li><li>The testator, the person making the will, must be over 18 years old and possess legal capacity, meaning they understand the nature and consequences of their decisions.<\/li><li>The will must be signed by the testator.<\/li><li>Two independent witnesses, who are not beneficiaries or related to beneficiaries, must witness the testator\u2019s signature and then sign themselves in the presence of the testator.<\/li><\/ul>\n\n<p class=\"wp-block-paragraph\">Failure to comply with these formalities can render a will invalid, causing the estate to be distributed under intestacy laws, which rarely align with the deceased\u2019s wishes. This legal precision highlights why self-made wills must be handled carefully and underscores why professional guidance can be invaluable.<\/p>\n\n<h3 class=\"wp-block-heading\">Complexities Beyond the Basics<\/h3>\n\n<p class=\"wp-block-paragraph\">Many individuals underestimate the legal nuances involved in estate planning. Beyond just meeting the formal requirements, a valid and effective will must clearly articulate the testator\u2019s intentions and address potential future disputes. For example, unclear or ambiguous language can lead to challenges by disappointed beneficiaries. Property ownership arrangements, trusts, guardianships for minors, and tax considerations must be factored in to ensure the will functions as intended.<\/p>\n\n<p class=\"wp-block-paragraph\">Moreover, additional steps such as proper storage of the will and regular updates are critical. Without these, even a validly executed will might fail to reflect the testator\u2019s changing circumstances, resulting in unintended consequences for heirs. Given that around 50% of DIY wills are not updated within five years in NSW, the risk of outdated testamentary instructions persists.<\/p>\n\n<p class=\"wp-block-paragraph\">Legal professionals specialise in these issues, guiding their clients through complex scenarios that DIY kits cannot easily address.<\/p>\n\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"1536\" height=\"1024\" src=\"https:\/\/glann.au\/blog\/wp-content\/uploads\/2026\/07\/Making-a-Will-in-Australia-DIY-Kits-vs-Lawyers-and-What-Makes-One-Valid-1.jpg\" alt=\"discover the pros and cons of making a will in australia with diy kits versus using lawyers, and learn what makes a will legally valid.\" class=\"wp-image-224\" srcset=\"https:\/\/glann.au\/blog\/wp-content\/uploads\/2026\/07\/Making-a-Will-in-Australia-DIY-Kits-vs-Lawyers-and-What-Makes-One-Valid-1.jpg 1536w, https:\/\/glann.au\/blog\/wp-content\/uploads\/2026\/07\/Making-a-Will-in-Australia-DIY-Kits-vs-Lawyers-and-What-Makes-One-Valid-1-300x200.jpg 300w, https:\/\/glann.au\/blog\/wp-content\/uploads\/2026\/07\/Making-a-Will-in-Australia-DIY-Kits-vs-Lawyers-and-What-Makes-One-Valid-1-1024x683.jpg 1024w, https:\/\/glann.au\/blog\/wp-content\/uploads\/2026\/07\/Making-a-Will-in-Australia-DIY-Kits-vs-Lawyers-and-What-Makes-One-Valid-1-768x512.jpg 768w\" sizes=\"auto, (max-width: 1536px) 100vw, 1536px\" \/><\/figure>\n\n<h2 class=\"wp-block-heading\">The Appeal and Pitfalls of DIY Will Kits in Australia<\/h2>\n\n<p class=\"wp-block-paragraph\">DIY Will Kits have become increasingly popular across Australia, driven by their accessibility and cost-saving appeal. Sold online or in physical stores, these kits provide templates and instructions for individuals to draft their own wills without engaging a lawyer.<\/p>\n\n<h3 class=\"wp-block-heading\">Advantages of DIY Kits<\/h3>\n\n<p class=\"wp-block-paragraph\">The foremost benefit of using DIY kits is affordability. Legal fees for comprehensive estate planning services can be prohibitively expensive for some, whereas kits often cost a fraction of this, making will creation more attainable. The convenience of drafting a will at one\u2019s leisure, without scheduling appointments, also appeals particularly to people living in remote areas.<\/p>\n\n<p class=\"wp-block-paragraph\">Privacy is a further advantage. Many individuals prefer to control sensitive family and asset details independently, without third-party involvement, even temporarily.<\/p>\n\n<h3 class=\"wp-block-heading\">Limitations and Risks<\/h3>\n\n<p class=\"wp-block-paragraph\">Despite these benefits, DIY Will Kits come with significant risks. Generic templates may not accommodate the unique legal nuances of different Australian states or the specific complexities of an individual\u2019s estate. For instance, DIY wills frequently fail to properly deal with:<\/p>\n\n<ul class=\"wp-block-list\"><li>Blended families and stepchildren<\/li><li>Business interests or trusts<\/li><li>Foreign or digital assets<\/li><li>Complex distributions or tax implications<\/li><\/ul>\n\n<p class=\"wp-block-paragraph\">Further risks stem from procedural errors such as improper witnessing or unclear language, which courts have frequently cited in disputing the validity of self-made wills. This has real financial consequences, as nearly 30% of DIY wills in NSW are found invalid due to non-compliance.<\/p>\n\n<p class=\"wp-block-paragraph\">In addition to invalidity, cases of misinterpretation spark discord among beneficiaries, triggering prolonged legal battles and significant delays in estate administration. According to legal reports, contested DIY wills often incur legal costs upwards of $200,000 and extend estate resolution times notably longer than professionally drafted wills.<\/p>\n\n<p class=\"wp-block-paragraph\">For those interested, detailed information about these risks can be found in articles like <a href=\"https:\/\/cmlaw.com.au\/whats-new\/can-i-write-my-own-will-or-do-i-need-a-lawyer\" rel=\"nofollow\">Can I write my own will, or do I need a lawyer?<\/a> and <a href=\"https:\/\/couttslegal.com.au\/blog\/dangers-of-using-a-post-office-or-online-will-kit\/\" rel=\"nofollow\">Dangers of using a Post Office or Online Will Kit<\/a>.<\/p>\n\n<h2 class=\"wp-block-heading\">Why Consulting a Lawyer Often Ensures Superior Will Drafting and Estate Planning<\/h2>\n\n<p class=\"wp-block-paragraph\">Engaging a qualified lawyer for your will drafting and estate planning delivers several critical advantages that DIY kits cannot match. Lawyers have a deep understanding of <strong>legal advice<\/strong> tailored to your specific financial circumstances, family dynamics, and future intentions.<\/p>\n\n<h3 class=\"wp-block-heading\">Bespoke Legal Expertise and Risk Mitigation<\/h3>\n\n<p class=\"wp-block-paragraph\">Lawyers can customise wills that fully comply with the relevant laws and address complex estate factors such as:<\/p>\n\n<ul class=\"wp-block-list\"><li>Trust creation and management<\/li><li>Tax minimisation strategies<\/li><li>Asset protection for vulnerable beneficiaries<\/li><li>Detailed provisions for minors and guardianships<\/li><li>Business succession planning<\/li><\/ul>\n\n<p class=\"wp-block-paragraph\">This bespoke drafting reduces the risk of ambiguity, legal challenges, and unintended asset distributions. Lawyers are also equipped to advise on updating wills regularly to reflect changing circumstances.<\/p>\n\n<h3 class=\"wp-block-heading\">Support Through Probate and Dispute Resolution<\/h3>\n\n<p class=\"wp-block-paragraph\">When a will enters probate or faces contestation, lawyers guide executors and beneficiaries through these complicated legal processes, reducing stress and preventing costly errors.<\/p>\n\n<p class=\"wp-block-paragraph\">Because of this professional involvement, estates settle more swiftly and with fewer financial losses. The average delay caused by contested wills drafted without legal advice is 18-24 months longer, a delay that can severely impact beneficiaries awaiting inheritance.<\/p>\n\n<p class=\"wp-block-paragraph\">For an in-depth comparison, the resource <a href=\"https:\/\/newsouthlawyers.com.au\/diy-will-kits-vs-professional-estate-planning\/\" rel=\"nofollow\">DIY Will Kits vs Professional Estate Planning<\/a> offers comprehensive guidance on cost, risks, and benefits of both approaches in Australia.<\/p>\n\n<figure class=\"is-provider-youtube is-type-video wp-block-embed wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"DIY Will Kits\" width=\"1200\" height=\"675\" src=\"https:\/\/www.youtube.com\/embed\/eAZd1Ka4WaM?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n<h2 class=\"wp-block-heading\">Common Challenges Faced by Self-made Wills: Lessons From Case Studies and Data<\/h2>\n\n<p class=\"wp-block-paragraph\">An illustrative case from New South Wales highlights how a DIY will, though well-intentioned, can sow discord and financial loss due to improper drafting and execution. John Buckley, a retired engineer, used an online will template. His estate, worth over $4 million, included properties and investments. Ambiguities and improper witness signatures led to a bitter dispute between his sons and second wife.<\/p>\n\n<p class=\"wp-block-paragraph\">The ensuing legal battle cost the estate over $800,000 from legal fees and lost asset value due to delayed settlements. This case is not unique. Statistics indicate:<\/p>\n\n<figure class=\"wp-block-table\"><table>\n<thead>\n<tr>\n<th>Aspect<\/th>\n<th>DIY Wills in NSW<\/th>\n<th>Professionally Drafted Wills<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Invalidity Rate<\/td>\n<td>Approx. 30%<\/td>\n<td>Less than 5%<\/td>\n<\/tr>\n<tr>\n<td>Average Legal Dispute Cost<\/td>\n<td>$200,000<\/td>\n<td>$50,000<\/td>\n<\/tr>\n<tr>\n<td>Time to Settle Disputes<\/td>\n<td>18\u201324 months longer<\/td>\n<td>Standard probate duration<\/td>\n<\/tr>\n<tr>\n<td>Probability of Will Dispute<\/td>\n<td>45%<\/td>\n<td>15%<\/td>\n<\/tr>\n<tr>\n<td>Financial Loss Due to Delays<\/td>\n<td>20\u201330% of estate value<\/td>\n<td>Minimal<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/figure>\n\n<p class=\"wp-block-paragraph\">The evidence clearly favours professional preparation to safeguard your estate\u2019s value and your family\u2019s peace of mind.<\/p>\n\n<figure class=\"is-provider-youtube is-type-video wp-block-embed wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"How to complete a DIY Will Kit and drafting a will from scratch (for free and without a will kit)\" width=\"1200\" height=\"675\" src=\"https:\/\/www.youtube.com\/embed\/BN3dHpqZW9Q?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n<h2 class=\"wp-block-heading\">Essential Steps to Ensure Your Will\u2019s Validity and Effectiveness<\/h2>\n\n<p class=\"wp-block-paragraph\">Whether opting for a DIY will or lawyer-prepared document, certain steps are crucial for legal validity and avoiding future conflict:<\/p>\n\n<ol class=\"wp-block-list\"><li><strong>Understand State-Specific Legal Requirements<\/strong> \u2014 Each Australian state has distinct laws regarding wills and witnesses. Compliance is mandatory.<\/li><li><strong>Use Clear and Precise Language<\/strong> \u2014 Avoid ambiguous phrasing that may confuse or mislead executors and beneficiaries.<\/li><li><strong>Properly Execute the Will<\/strong> \u2014 Include correct signatures and dual independent witnesses present at signing.<\/li><li><strong>Regular Updates<\/strong> \u2014 Review and amend your will following major life events, such as marriage, divorce, birth of children, or acquisition of significant assets.<\/li><li><strong>Seek Professional Legal Advice When Needed<\/strong> \u2014 Consult a lawyer especially if you have complex family or financial situations.<\/li><\/ol>\n\n<p class=\"wp-block-paragraph\">Following these steps can reduce the risk of contestation and ensure your final wishes are honoured correctly.<\/p>\n\n<script type=\"application\/ld+json\">\n{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Is a handwritten will (holographic will) valid in Australia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"In some Australian states, holographic willsu2014those handwritten and signed by the testatoru2014may be recognized if they meet the legal witnessing requirements. However, their validity is often subject to stricter scrutiny, and legal advice is recommended to avoid disputes.\"}},{\"@type\":\"Question\",\"name\":\"Can I use online will kits for complex estates?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"DIY will kits typically lack provisions for complex situations such as trusts, stepchildren, business succession, or foreign assets. For such complex estates, professional legal guidance is strongly advised.\"}},{\"@type\":\"Question\",\"name\":\"What happens if my will is declared invalid?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"If a will is found invalid, the estate will be distributed according to intestacy laws, which may not reflect the deceasedu2019s intentions. This can result in unintended beneficiaries receiving assets and potential family disputes.\"}},{\"@type\":\"Question\",\"name\":\"How often should I update my will?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Itu2019s recommended to review your will every 3 to 5 years or immediately after major life events such as marriage, divorce, childbirth, or significant changes in assets to ensure it remains accurate.\"}},{\"@type\":\"Question\",\"name\":\"Do I need a lawyer to make a will in Australia?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"While DIY wills can be legally valid, seeking <strong>legal advice<\/strong> ensures your will meets all formal requirements and accurately reflects your intentions, minimizing risks of disputes and invalidity.\"}}]}\n<\/script>\n<h3>Is a handwritten will (holographic will) valid in Australia?<\/h3>\n<p>In some Australian states, holographic wills\u2014those handwritten and signed by the testator\u2014may be recognized if they meet the legal witnessing requirements. However, their validity is often subject to stricter scrutiny, and legal advice is recommended to avoid disputes.<\/p>\n<h3>Can I use online will kits for complex estates?<\/h3>\n<p>DIY will kits typically lack provisions for complex situations such as trusts, stepchildren, business succession, or foreign assets. For such complex estates, professional legal guidance is strongly advised.<\/p>\n<h3>What happens if my will is declared invalid?<\/h3>\n<p>If a will is found invalid, the estate will be distributed according to intestacy laws, which may not reflect the deceased\u2019s intentions. This can result in unintended beneficiaries receiving assets and potential family disputes.<\/p>\n<h3>How often should I update my will?<\/h3>\n<p>It\u2019s recommended to review your will every 3 to 5 years or immediately after major life events such as marriage, divorce, childbirth, or significant changes in assets to ensure it remains accurate.<\/p>\n<h3>Do I need a lawyer to make a will in Australia?<\/h3>\n<p>While DIY wills can be legally valid, seeking <strong>legal advice<\/strong> ensures your will meets all formal requirements and accurately reflects your intentions, minimizing risks of disputes and invalidity.<\/p>\n\n","protected":false},"excerpt":{"rendered":"<p>Making a will is one of the most important steps Australians can take to ensure their assets are distributed according to their wishes after death. The decision to draft a will using DIY Will Kits or to engage a lawyer remains a contentious topic throughout Australia in 2026. While the idea of writing your own &#8230; <a title=\"Making a Will in Australia: DIY Kits vs Lawyers and What Makes One Valid\" class=\"read-more\" href=\"https:\/\/glann.au\/blog\/?p=225\" aria-label=\"Read more about Making a Will in Australia: DIY Kits vs Lawyers and What Makes One Valid\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":223,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-225","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/posts\/225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=225"}],"version-history":[{"count":0,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/posts\/225\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=\/wp\/v2\/media\/223"}],"wp:attachment":[{"href":"https:\/\/glann.au\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/glann.au\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}