The Basic Questions Answered For You

Yes – definitely. Your Will is totally legal prepared by using this our Will Packs and it can be used everywhere in Australia. It provides guidance for the preparation of simple Wills. For complex or complicated situations, the advice of a suitable legally-qualified persons should be sought. 

Everybody should have a Will regardless of how little they may own. 

It is the legal and commonsense way to ensure that those you care about will benefit from any property or other assests you leave behind. 

You should make a valid Will as it is the only way that you can nominate  who you choose to receive whatever share of your property you want them to have. 

If you don’t make a Will, your estate will be disposed of under the rules of intestacy (this means the law applying to people who die without having made a Wil). 

These rules often do not produce the result that a person would wish. 

Yes – a Will must be in writing to be legal and enforceable. It can be handwritten or typed but it must be legible. 

It does not have to be written out personally by the testator (that is, the person making the Will) but must be properly signed signed by the testator. This may assist older and physically incapacitated people. 

Yes. A Will is revocable – that is, it can be changed at any time. A new Will cancels any earlier Wills. The last know Will is the only effective one. 

Although there are various circumstances under which you should make a new Will, the key ones are:

  • If you change your mind about who will get what share of your property.
  • If your circumstances change or the circumstances of your intended beneficiaries (those who will inherit your property) change necessitating a reassessment of the distribution of your estate. 
  • If one (or more) of the beneficiaries named or nominated in your Will dies. 
  • If you marry, remarry or divorce. Marriage, remarriage or divorce make any previous Wills either totally or partially inoperative – except in very special circumstances.
  • If you believe that your existing Will is out of date for any other reason whatsoever. 

There is no requirement to deposit a Will with anybody in particular. It is strongly recommended, however, that the orginal of your Will not be kept at home. If that original is lost, destroyed or simply cannot be located then you many be classed as being intestate. 

There are suggestions given in the Will Pack booklet about storage of the original of your will. 


No, there are no death duties presently imposed by any State government or the Federal government.