Approximately 54% of Australians don't have a current will — a figure that creates significant financial and emotional hardship for families every year. The Australian succession system, governed by each state and territory's legislation, has its own requirements and quirks that differ from both the US and UK.
This guide covers the best online will options specifically for Australians in 2026, the key legal requirements for each state, and the unique estate planning considerations that apply in Australia — particularly around superannuation (super), which is a major asset class that many Australians underplan for.
Australian Will Requirements by State
Australia doesn't have uniform national succession law — each state and territory has its own Succession Act. While they're broadly similar, there are important differences:
- NSW: Succession Act 2006 — two witnesses required, both present simultaneously
- Victoria: Wills Act 1997 — two witnesses, specific formal requirements
- Queensland: Succession Act 1981 — two witnesses, no requirement they see each other sign
- Western Australia: Wills Act 1970 — two witnesses, must sign at testator's direction
- South Australia: Wills Act 1936 — two witnesses
- ACT, NT, Tasmania: Similar two-witness requirements
A will valid in one Australian state is generally valid in all others if it meets at least the requirements of one Australian jurisdiction.
The Marriage and Divorce Warning
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In most Australian states, marriage automatically revokes a will made before the marriage — the same rule as England and Wales. Divorce has a complex effect: it typically revokes gifts to a former spouse and their appointment as executor, but doesn't revoke the entire will. Create a new will after any major relationship change.
Top Online Will Services for Australians
LawDepot has strong Australian-specific documentation covering all states and territories. Their Australian will documents reference the relevant state Succession Act and meet the specific execution requirements for your state. The subscription model covers wills, enduring power of attorney, advance care directives, and other Australian legal documents.
The 7-day free trial is genuine — create your will and other documents before paying anything. This is particularly valuable for Australians who need both estate planning documents and other legal forms.
Try LawDepot Free →Rocket Lawyer operates in Australia and provides access to Australian solicitors alongside document creation. If you want both online document creation and the ability to consult with a qualified Australian lawyer about your specific situation, this combination is strong. The monthly price is higher but includes legal access that online-only services lack.
Try Rocket Lawyer →Each Australian state has a State Trustee or Public Trustee service that can prepare wills free of charge or at low cost. The trade-off: they often name themselves as executor, which means they'll charge executor fees when the estate is administered. For straightforward estates, this fee may be worth considering — but compare to what a private executor would cost.
NSW: NSW Trustee and Guardian. VIC: State Trustees. QLD: Public Trustee Queensland. Each operates independently with different terms.
The Superannuation (Super) Estate Planning Issue
This is a uniquely Australian consideration. Superannuation funds represent an enormous portion of Australian wealth — and super does NOT automatically form part of your estate.
Super passes to dependants or your estate based on:
- Binding Death Benefit Nomination (BDBN): Directly names who receives your super, bypassing your will. Must be renewed every three years (unless your fund offers a non-lapsing BDBN).
- Non-binding nomination: The trustee has discretion, but your expressed wishes carry weight
- No nomination: Trustee decides, typically to a dependant or your estate
Critical action: Check your super fund nominations today. If they're outdated or missing — especially if your marital status or family situation has changed — your super may pass to the wrong person regardless of what your will says.
Enduring Power of Attorney in Australia
Each Australian state has its own legislation for Enduring Powers of Attorney (EPOA). An EPOA authorizes someone to manage your financial affairs if you lose capacity. This is separate from and works alongside your will. LawDepot Australia can generate state-specific EPOA documents.
Healthcare decisions are handled separately — through Advance Care Directives (the name varies by state: Advance Care Directive, Medical Treatment Decision Maker appointment, etc.).
Create Your Australian Will Online
LawDepot has state-specific Australian will documents for all states and territories. Try free for 7 days — create your will, EPOA, and other documents before committing.
Start Your Australian Will →What a Complete Australian Estate Plan Includes
- Last Will and Testament — state-specific, properly witnessed
- Enduring Power of Attorney (EPOA) — for financial decisions if incapacitated
- Advance Care Directive (or equivalent in your state) — healthcare preferences
- Appointment of Medical Treatment Decision Maker (or healthcare proxy)
- Binding Death Benefit Nomination — for superannuation (done through your super fund)
- Beneficiary designations on life insurance policies
When Australians Should Use a Solicitor
- Complex family situations — blended families, estranged relatives
- Business interests requiring succession planning
- International assets or beneficiaries
- Testamentary trust requirements (often recommended for minor children and special needs beneficiaries)
- Capital gains tax considerations on estate assets
- Large super balance requiring careful death benefit nomination strategy
For general estate planning concepts that apply globally, also see our guide: What Is Probate? How to Avoid It in 2026.