🦘 Australia Guide
Online Wills in Australia: Complete Guide for 2026
📅 March 16, 2026
✍️ Law-Trust Editorial Team
⏱ 11 min read
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Australia has one of the highest rates of internet access in the world — and a growing number of Australians are using online will services to create legally valid wills without paying solicitor rates. But Australian estate planning has some unique features that you must understand, particularly around superannuation, which is not covered by your will.
This guide covers Australian will requirements by state, superannuation death benefits, probate, testamentary trusts, and the best online services for Australians. For our full ranking, see our Best Online Will Services in Australia guide.
Australian Will Requirements: What Makes a Will Legal?
Will law in Australia is state-based, but the requirements are broadly consistent:
- Age: Must be 18+ (or married, or in the armed forces in some states)
- Mental capacity: Must understand the nature and effect of the will
- In writing: Must be a written document
- Signed: Must be signed at the end by the testator (or by someone at the testator's direction in their presence)
- Two witnesses: Two adult witnesses (not beneficiaries) must be present when you sign, and must also sign the will
- No beneficiary witnesses: If a witness is a beneficiary or the spouse/de facto partner of a beneficiary, their gift may be void
Electronic Witnessing
Following COVID-era legislation, most Australian states have permanently enacted provisions allowing wills to be signed and witnessed electronically (via video call). Rules vary by state — some require special court approval for electronic wills. Always check your state's current rules.
The Superannuation Problem — Your Will Does NOT Cover Super
This is the single most important thing to understand about Australian estate planning. Superannuation (super) is held in a trust and is NOT automatically an estate asset — it does not automatically pass according to your will.
Instead, super death benefits are distributed by the trustee of your super fund. To direct where your super goes, you need a:
- Binding Death Benefit Nomination (BDBN): A legal instruction that binds the trustee to pay your super to specific people. Must be renewed every 3 years in most funds (or set as non-lapsing if the fund allows).
- Non-Binding Death Benefit Nomination: Guides but doesn't bind the trustee. Less reliable.
- Reversionary Pension Nomination: For those receiving an income stream from super — the pension continues to a nominated dependant.
Valid BDBN nominees are limited to your legal personal representative (estate) or dependants (spouse, children, any person financially dependent on you, or anyone in an interdependent relationship with you).
Online vs. Solicitor: Cost Comparison
| Option |
Typical Cost (AUD) |
Time Required |
Best For |
| Online Will Service |
AUD $50–$250 |
20–60 minutes |
Straightforward estates |
| Solicitor (basic will) |
AUD $300–$800 |
1–2 hours total |
Moderate complexity |
| Solicitor (testamentary trust) |
AUD $1,500–$4,000 |
Multiple meetings |
Tax planning, asset protection |
Best Online Will Services for Australians
Best overall platform for Australian online wills — all states covered
Starting at
AUD $45
/ document
All Australian States
Testator Guidance
Executor Instructions
Enduring POA
Healthcare Directive
LawDepot's Australian platform covers all states and territories with state-specific witnessing and signature requirements. Their questionnaire format guides you through every decision clearly, and they include helpful guidance on appointing executors and guardians. Good value for straightforward Australian wills with the option to add an Enduring Power of Attorney.
Visit LawDepot →
Best for Australians with overseas assets or foreign nationals in Australia
Starting at
USD $79
/ one-time
Multi-Jurisdiction
Australian Law
Overseas Assets
Expat Support
If you're an Australian citizen living abroad, a foreign national living in Australia, or an Australian with significant overseas assets, ExpatLegalWills specializes in cross-border estate planning. Their platform understands the complexity of multi-jurisdiction estates and generates appropriate documentation.
Visit ExpatLegalWills →
Enduring Power of Attorney in Australia
The Australian equivalent of a US durable POA is an Enduring Power of Attorney (EPOA). Each state has its own legislation, but all allow you to appoint an attorney to manage financial and/or personal/health matters if you lose capacity. The EPOA must be signed before a solicitor, JP (Justice of the Peace), or other qualified witness depending on the state.
Probate in Australia
Probate is a court process that validates your will and gives your executor legal authority to deal with assets. In Australia, probate is obtained from the Supreme Court of the relevant state. Not all estates require probate — many financial institutions have thresholds (typically AUD $50,000–$150,000) below which they'll release funds without it.
Make Your Australian Will Today
Don't forget your superannuation. Compare the best Australian estate planning services and get your full plan in place today.
Compare Australian Will Services →
Frequently Asked Questions
Are online wills legal in Australia?
Yes. Online wills are legal in all Australian states and territories provided the final document is properly printed, signed, and witnessed. Electronic witnessing via video is also now permanently available in most states.
Does a will cover superannuation in Australia?
No. Superannuation is not automatically covered by your will. Super death benefits are paid according to a binding or non-binding death benefit nomination lodged with your super fund. Always update your BDBN alongside your will.
How many witnesses does an Australian will need?
All Australian states and territories require 2 adult witnesses who are not beneficiaries under the will and who witness the testator sign the will. Both witnesses must sign in the testator's presence.
What is a testamentary trust?
A testamentary trust is created within your will and comes into effect after death. It provides tax and asset protection advantages for beneficiaries — particularly minors, who can receive income at marginal rates rather than the top rate normally applied to minors' distributions. Requires a solicitor to set up properly.
How much does a will cost in Australia?
Online wills cost AUD $50–$250. A solicitor charges AUD $300–$800 for a basic will, or AUD $1,500–$4,000+ for wills with testamentary trusts. For straightforward estates, an online will is excellent value.