Do I Need a Lawyer to Make a Will?

In Australia, a will is a legal document that sets out how a person (the testator) wishes their assets to be distributed after their death. It can also appoint guardians for minor children and specify other final wishes, such as funeral arrangements. Key elements of a valid will in Australia include:

1. Legal Age and Capacity: The testator must be at least 18 years old and have the mental capacity to understand the nature and effect of making a will.
2. Written Document: The will must be in writing, either handwritten, typed, or printed.
3. Signature: The testator must sign the will at the end of the document.
4. Witnesses: The signature must be witnessed by at least two people who are present at the same time. The witnesses must also sign the will in the presence of the testator and each other. Witnesses should not be beneficiaries under the will to avoid conflicts of interest.
5. Intent: The testator must clearly intend that the document is their will.

A will allows the testator to:

1. Distribute their assets according to their wishes.
2. Appoint an executor who will be responsible for administering the estate.
3. Nominate guardians for minor children.
4. Make specific gifts or donations to individuals or charities.
5. Provide instructions for the care of pets.

If a person dies without a valid will (intestate), their estate will be distributed according to the intestacy laws of the state or territory in which they resided, which may not align with their personal wishes.