How many witnesses does a will need in NSW?

Under the Succession Act 2006 (NSW), your signature must be made or acknowledged in front of two or more witnesses present at the same time, and at least two of those witnesses must then sign the will in your presence. As a strong precaution, choose witnesses who are not beneficiaries under the will. This is general information, not legal advice.

Do I have to use a solicitor to make a will in NSW?

No. You can use a DIY will kit, the NSW Trustee & Guardian, or a solicitor. A solicitor or the NSW Trustee & Guardian reduces the risk of an invalid or disputed will, especially for larger or more complex estates. DIY is cheaper but small mistakes can make a will fail. Speak to a professional about what suits you.

Does getting married cancel my will in NSW?

Generally, yes. In NSW marriage usually revokes an earlier will, with exceptions. A will made in contemplation of a particular marriage, or expressed to be made in contemplation of marriage generally, may not be revoked, and some gifts to the person you marry can survive. Review your will around marriage and get advice. General information only.

What happens to my will if I divorce?

In NSW, divorce or annulment generally revokes gifts to your former spouse and their appointment as executor, broadly as if they had died before you, subject to exceptions. The same automatic effect does not apply when a de facto relationship ends, so review your will whenever any relationship changes. This is general information, not legal advice.

What happens if I die without a will in NSW?

You die intestate, and a statutory formula in the Succession Act 2006 (NSW) decides who inherits, which may not match your wishes. The process can take longer and cost more, and there is no executor chosen by you. The NSW Trustee & Guardian reports that around 60% of people in NSW do not have a valid will.

Is a handwritten or unsigned will valid in NSW?

A will that does not meet the formal signing and witnessing rules is not automatically valid. Under section 8 of the Succession Act 2006 (NSW), the Supreme Court may declare an informal document to be a will if satisfied the person intended it to be their will, but this is uncertain, slow and costly. It is far safer to make a properly executed will. General information, not legal advice.

How to make a will in NSW

A plain-English guide to making a valid will in New South Wales: what the law requires, your options, and how to get it right. General information only, not legal advice.

Reviewed: 29 June 2026 · General information, not legal advice

Important: this is general information, not legal advice. Nothing here is legal advice or creates a lawyer-client relationship. For advice about your situation, consult a solicitor or the NSW Trustee & Guardian. The information below reflects our understanding of NSW law as at June 2026; laws change, so always check the current position before acting.

A will sets out who should receive your assets and who carries out your wishes after you die. In New South Wales, wills are governed mainly by the *Succession Act 2006* (NSW). The NSW Trustee & Guardian reports that around 60% of people in NSW do not have a valid will. Without one, you die "intestate", and the law (not you) decides who inherits, which can mean delay, cost and outcomes you would not have chosen.

What makes a will valid in NSW

Under section 6 of the *Succession Act 2006* (NSW), a will is generally not valid unless:

It is in writing.
It is signed by the will-maker (the "testator"), or by someone else in the testator's presence and at their direction.
The signature is made or acknowledged in the presence of two or more witnesses present at the same time.
At least two of those witnesses then sign the will in the presence of the testator.

The signature must be made with the intention of executing the will. A formal attestation clause is not essential, although using one is good practice.

Who can witness, and the interested-witness rule

Witnesses confirm they saw you sign. As a strong rule of thumb, a witness should not be a beneficiary (or a beneficiary's spouse). Under section 10 of the Act, a gift to a witness can be void, subject to exceptions (for example, where at least two of the witnesses are not beneficiaries). The safe course is to choose two independent adult witnesses who gain nothing under the will.

Capacity and age

A valid will also requires testamentary capacity: broadly, that the will-maker understands they are making a will, understands the general nature and extent of their property, and can weigh the claims of those who might expect to benefit. Generally you must be 18 or older (section 5), with limited exceptions such as a will made in contemplation of a particular marriage, a will by a married minor, and a will authorised by court order.

Your options for making a will

There is no single "correct" route. The right choice depends on the size of your estate, your family situation and your budget.

Do-it-yourself or a will kit: low cost and convenient. The risk is that a small mistake (an incorrect signing or witnessing step, unclear wording, or an outdated document) can make a will invalid or open to dispute, with problems only surfacing after death, when they cannot be fixed. DIY can suit very simple estates.
NSW Trustee & Guardian: a NSW Government agency that prepares wills (through professional will-makers or solicitors) and can act as your executor and store your will. A well-established option, especially if you want a professional executor. Fees and services vary, so confirm current arrangements directly.
A solicitor: can draft a will tailored to your circumstances, advise on tax, blended families, trusts, business interests and the risk of a family provision claim, and ensure it is executed correctly. Generally the most robust option for larger or more complex estates. It costs more than a kit, but that cost buys advice and reduced risk of an invalid or contested will. Find one through the Law Society of NSW.

What to include in your will

A well-drafted will usually covers:

Executor: the person (or organisation, such as the NSW Trustee & Guardian) who administers your estate, applies for probate if needed, pays debts and distributes your assets. A backup is wise.
Beneficiaries: who receives your estate, and what each receives.
Guardians for minor children: who you would like to care for children under 18. This expresses your wishes; arrangements are ultimately overseen by the courts in the child's best interests.
Specific gifts: particular items or sums to named people or charities.
The residuary estate: everything left after specific gifts, debts and expenses. A clear residuary clause helps avoid partial intestacy.

You may also record funeral preferences, though these are generally guidance for your executor rather than binding directions.

Keeping your will up to date

Review your will after major changes such as marriage, divorce, separation, a new child, a death or a property purchase.

Marriage: marriage generally revokes an earlier will, with exceptions. A will made in contemplation of a particular marriage, or expressed to be made in contemplation of marriage generally, is not revoked, and certain gifts to the person you marry can survive. If you marry without addressing your will, you may unintentionally die intestate.
Divorce or annulment: the end of a marriage generally revokes gifts to, and the appointment as executor of, your former spouse, broadly as if they had died before you, subject to exceptions (such as a contrary intention in the will). This automatic effect does not apply in the same way when a de facto relationship ends, so review your will whenever any relationship changes.

Because these rules have exceptions and turn on your will's wording, it is sensible to have a solicitor review it after any significant life event.

Where to store your will

Keep the original signed will somewhere safe and make sure your executor knows where it is. Options include the NSW Trustee & Guardian's will storage service, your solicitor's safe custody, or a secure place at home. Avoid stapling, unstapling or marking the original, as marks and missing staples can raise questions during probate. A copy is no substitute for the original.

Informal wills, briefly

If a document does not meet the formal signing and witnessing rules, it is not automatically worthless. Under section 8 of the *Succession Act 2006* (NSW), the Supreme Court has a dispensing power: it may declare an informal document (which has in some cases included notes, drafts and electronic records) to be a valid will if satisfied the deceased intended it to be their will. Relying on this is costly, slow and uncertain, so it is far better to execute your will correctly.

Afterlife AI: a complementary, separate tool (not a will)

To be clear: a will handles your assets and legal wishes, and you should make one with a solicitor or the NSW Trustee & Guardian. Afterlife AI does not make wills and does not provide legal advice.

Afterlife AI™ is a separate, complementary thing. A will preserves your property; Afterlife AI preserves the person: your voice, your stories and your values. It is a consent-based digital legacy you build while alive, governed by Executor Lock™, which fixes your choices and consent so they are honoured later and not changed after death. Your AI Persona is built from the memories you choose to share. It is free to start: 60 memories and 100 conversations to build your Persona, with no card required and no expiry on your free build. Afterlife AI is an Australian company and Australian-hosted, and your information is treated as sensitive. Paid plans (Legacy $14.99/mo, Eternal $29.99/mo) unlock more. It is a companion to your estate plan, not a replacement.

Frequently asked questions

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A closing note: this page is general information, not legal advice. Every situation is different and the law can change. Before you make, change or rely on a will, please speak with a solicitor or the NSW Trustee & Guardian about your circumstances. Any case mentioned on this site is included only as an illustrative example and must not be treated as legal advice.

Sources

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