Step-by-Step Guide to Creating a Will with an Australian Legal Will Kit

Creating a will is one of the most important steps you can take to protect your family, safeguard your assets, and ensure that your wishes are respected after you pass away. While many Australians assume that writing a will must involve a lawyer and hefty fees, that is not always the case. A practical and affordable option is to use an Australian Legal Will Kit.

These kits are designed to guide you through the process of drafting a legally binding will without unnecessary complications. If used correctly, they can provide peace of mind while saving you time and money. In this step-by-step guide, we’ll walk you through everything you need to know about creating a will with an Australian Legal Will Kit.

Why You Need a Will

Before diving into the steps, it’s important to understand why having a will is so crucial. Without one, your estate is considered intestate, meaning state laws decide how your property is divided. This can cause unnecessary stress for your loved ones and may result in your assets going to people you did not intend.

Some key reasons to have a will include:

• Ensuring your assets go to the people or charities you choose.

• Appointing a guardian for your minor children.

• Reducing the risk of disputes between family members.

• Providing clear instructions for managing your estate.

• Offering peace of mind for you and your loved ones.

  
  

Step 1: Choose the Right Legal Will Kit

The first step is selecting a reliable and comprehensive Australian Legal Will Kit. These kits are available online, through post offices, or from reputable legal resource providers. When choosing, look for:

• Australian-specific compliance: Laws vary between countries, so make sure the kit is designed specifically for Australian states and territories.

• Clear instructions: The kit should include a detailed guide that explains each section of the will in plain language.

• Flexibility: Ensure the kit allows you to cover important details such as naming guardians, executors, and beneficiaries.

  
  

Step 2: Understand the Legal Requirements

Each state and territory in Australia has slightly different rules about what makes a will valid, but the following requirements generally apply:

• The will must be in writing (typed or handwritten).

• You must be at least 18 years old and of sound mind.

• The will must be signed by you in the presence of at least two witnesses.

• Witnesses must also sign the will in your presence and each other’s presence.

• Beneficiaries (those receiving assets) should not act as witnesses, as this can invalidate their inheritance.

  
  

Understanding these rules before you begin helps avoid mistakes that could make the will invalid.

Step 3: List Your Assets and Liabilities

Before filling out the kit, take time to create a complete list of your assets and debts. This will help you ensure nothing is overlooked. Common assets to include are:

• Real estate (homes, land, investment properties)

• Bank accounts and savings

• Shares, investments, and superannuation funds

• Vehicles, jewellery, art, or other valuables

• Insurance policies

• Business interests

  
  

Also, make a note of any liabilities such as mortgages, personal loans, or credit card debt.

Step 4: Decide on Beneficiaries

Beneficiaries are the people or organisations that will inherit your assets. These may include:

• Your spouse or partner

• Children or grandchildren

• Other relatives

• Friends

• Charitable organisations

  
  

You can divide your estate equally among your beneficiaries or specify percentages or particular assets for each person. For example, you might leave your home to your spouse but your investments to your children.

Step 5: Choose an Executor

An executor is the person (or persons) responsible for managing your estate after you pass away. Their duties include collecting assets, paying debts, and distributing property according to your will.

When selecting an executor, choose someone who is

:

• Trustworthy and organised.

• Willing and able to handle the responsibilities.

• Over 18 years of age.

• Not a beneficiary, if possible, to avoid conflicts of interest (though this is not prohibited).

  
  

Some people also appoint a backup executor in case the first choice cannot serve.

Step 6: Appoint Guardians for Minor Children

If you have children under 18, your will allows you to appoint a legal guardian. This ensures your children are cared for by someone you trust if you and your partner are no longer around. Without this, the courts will decide guardianship, which may not align with your wishes.

Step 7: Write Special Instructions

Your will can also include special instructions such as:

• Funeral or burial preferences.

• Specific gifts (e.g., leaving jewellery to a daughter or a car to a son).

• Care of pets.

• Donations to charities.

  
  

These instructions help personalise your will and ensure your wishes are respected.

Step 8: Complete the Will Kit

Now that you have all the necessary information, it’s time to fill out the Australian Legal Will Kit. The kit will typically include sections for:

• Personal details (name, address, date of birth).

• Executors and guardians.

• Beneficiaries and asset distribution.

• Special instructions.

• Your signature and witness signatures.

  
  

Take your time and complete it carefully, following the instructions step by step.

Step 9: Sign and Witness the Will

Once completed, the will must be signed correctly to be valid. Remember:

• Sign the will in the presence of two witnesses.

• Witnesses must also sign in your presence and each other’s presence.

• Witnesses should not be beneficiaries.

  
  

This is one of the most critical steps, as improper witnessing is a common reason wills are contested or declared invalid.

Step 10: Store the Will Safely

After your will is signed and witnessed, keep it in a secure but accessible location. Good options include:

• A fireproof safe at home.

• With your executor.

• In safe custody at your bank.

• Registered with your state’s wills registry.

  
  

Avoid hiding your will in places where it may not be found, such as a locked drawer without anyone knowing.

Step 11: Review and Update Regularly

Life circumstances change, and so should your will. Review your will every few years or after major life events such as:

• Marriage or divorce.

• Birth of children or grandchildren.

• Death of a beneficiary or executor.

• Buying or selling property.

• Significant financial changes.

  
  

Updating your will ensures it always reflects your current wishes.

Advantages of Using an Australian Legal Will Kit

• Affordable: A fraction of the cost of hiring a lawyer.

• Simple: Step-by-step instructions make the process straightforward.

• Convenient: Can be completed in your own time at home.

• Legally binding: When completed and witnessed correctly, it is valid in Australia.

  
  

However, if your estate is complex for example, involving businesses, trusts, or overseas property you may still want professional legal advice.

Final Thoughts

An Australian Legal Will Kit is a practical and affordable way to ensure your assets are distributed according to your wishes and your loved ones are cared for. By following the steps outlined above choosing the right kit, listing your assets, naming beneficiaries, appointing executors and guardians, and signing it correctly you can create a valid will that provides peace of mind for you and security for your family.

Remember, creating a will is not just about distributing wealth; it’s about protecting your loved ones and leaving a clear legacy. Starting today with a simple legal will kit can save your family stress, conflict, and uncertainty in the future.