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About Australian Wills

The Will Kit available on AustralianWill.com.au gives you everything you need to create a legal will. It includes a detailed guide on how to write a will, along with sample templates to help you draft yours.

What is a Will in Australia, and why do I need one?

A will in Australia is a legal document that lets you decide how your assets, like money, property, and personal items, will be distributed after you pass away. It also allows you to name a guardian for your children and choose someone to carry out your wishes.

 

Having a will is important because it ensures that your loved ones are taken care of and that your estate is handled according to your wishes. Without a will, the law decides how your assets are divided, which might not reflect what you want.

Who can write a Will?

You can make a will if you're over 18 years old and mentally capable. You need to be aware that you're creating a will, understand what it means, and ensure you're distributing your property according to your own wishes.

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What happens if I die without a will?

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If you die without having made a will, you are said to have died “intestate”. If this happens, your next of kin will have to apply to the Supreme Court for Letters of Administration, which will allow them to distribute your estate in a certain way. 

Do I need a solicitor to create a Will?

There’s no need for a solicitor to create your will—any adult in Australia can make their own, provided they follow certain guidelines.

As long as you're over 18, mentally capable, and meet these requirements, your will is a valid legal document. The Will Kits from LegalWillKits.org offer a reliable framework to help you create your own will without the cost of hiring a solicitor.

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Formal Requirements for Making a Will

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To ensure your will is valid, it must meet the following key requirements:

  • The will must be in writing.

  • The will must be signed by you (the testator) at the end of the document.

  • Your signature must be witnessed by two people who aren’t beneficiaries or married to beneficiaries, as they may lose their inheritance if they witness the will.

  • The witnesses must sign the will in your presence and in the presence of each other.

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