Wills in New South Wales
Make a free Will in New South Wales
Create your Will online in about 15 minutes, for people living in Sydney, Newcastle, Wollongong and regional NSW. Then sign it properly with our free step-by-step guide. Want extra peace of mind? Our paid Check & Store service (launching soon) will check it and store a secure copy.
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Why a Will matters
Without a valid Will, the law decides who inherits your estate, and your family has to sort it out at the hardest possible time. A Will lets you choose who receives what, who looks after your affairs as executor, and who cares for your children.
It's easy to put off, but illness or an accident can make it urgent overnight. If someone is already seriously unwell or their memory is affected, speak to a lawyer, as a Will made when capacity is in doubt can be challenged.
Making a valid Will in New South Wales
Wills in New South Wales are governed by the Succession Act 2006 (NSW).
For your Will to be valid, it generally needs to be:
- In writing (a printed Will is fine)
- Made by you as an adult with the mental capacity to understand it
- Signed by you in front of two adult witnesses who are both present at the same time
- Signed by both witnesses while you are there to see it
Choosing your witnesses
Never use a beneficiary, or the partner of a beneficiary, as a witness. Depending on where you live, they can lose their gift, or it can open the Will up to challenge. Neighbours, colleagues and friends who aren't named in your Will are good choices.
Can a Will be witnessed by video in New South Wales?
NSW allows a Will to be witnessed by audio-visual link, as long as the specific steps in the Electronic Transactions Act 2000 (NSW) are followed.
After you sign: tell the right people
The law doesn't require you to tell anyone about your Will. But a few simple steps now can save your family a lot of stress, delay and conflict later.
Ask your executor, then tell them
Check the person you have chosen is willing to be your executor. They can decline the role later, so it is worth asking first. Then tell them they have been named.
Tell your executor where the original is
Your executor will usually need the signed original. Keep it somewhere safe and dry that they can get to. A safe deposit box in your name alone can be hard for anyone else to open.
Talk to your family about your wishes
Surprises cause disputes. If you are leaving someone out or dividing things unevenly, explaining why, in person or in a separate signed note kept with your Will, can help avoid a challenge later. An estate lawyer can advise on this.
Leave a list with your Will
Note your bank accounts, property, super, insurance policies, debts and key contacts such as your accountant. It saves your executor weeks of detective work.
Check your super nomination
Super is not automatically covered by your Will. Ask your super fund whether you have a valid beneficiary nomination, and whether it matches your wishes.
Keep it up to date
Review your Will after big life changes, and let your executor know when you make a new one.
When to update your Will
Review your Will every few years, and straight away after a major life change. In particular:
- Marriage generally cancels an existing Will, unless it was made with that marriage in mind.
- Divorce generally cancels gifts to, and appointments of, your former spouse.
- A new child or grandchild, a death in the family, or buying or selling major assets.
Any new version must be signed and witnessed again to replace the old one.
Documents to consider in New South Wales
A Will covers what happens after you die. These documents cover what happens if you can't make decisions while you're alive:
- Enduring Power of Attorney: someone to manage your money and property if you lose capacity.
- Appointment of Enduring Guardian: someone to make health and lifestyle decisions for you.
We don't prepare these documents yet. Register your interest and we'll let you know when we do.
After a death: probate in New South Wales
- Court
- Supreme Court of NSW (Probate Registry)
- How to apply
- Online through the NSW Online Registry, or on paper.
- Notice before applying
- A notice of your intended application must be published on the NSW Online Registry at least 14 days before you file.
- Court fee (2026-27)
- No fee for estates under $100,000. Above that, the fee rises with the size of the estate, up to $7,399 for estates of $5 million or more.
- Time limit to contest the Will
- 12 months from the date of death.
- Worth knowing
- NSW has the widest rules on who can contest a Will, and the court can treat some assets outside the Will (such as jointly owned property or super paid directly to someone) as part of the estate. If anyone has been left out, get advice before distributing.
Are you an executor? Read our plain-English guide for executors, including what to do first and how to find a solicitor if you need one.
Get your Will checked in New South Wales
Launching soon. For $99, we'll check your Will's names, dates and addresses are correct, check every signed page and both witnesses, then store a secure digital copy with a certificate for your executor.
Register interestNo printer? We'll print and post your Will from $12.95 (launching soon).
Common questions
How many witnesses does a Will need in New South Wales?
Two. Both must be adults, and you and both witnesses must all be present together when you sign. Choose people who are not beneficiaries in your Will, and not the partners of beneficiaries.
Can I make my own Will in New South Wales?
Yes. A Will does not have to be prepared by a lawyer to be valid. It needs to be in writing, signed by you and witnessed correctly. If your situation is complex, it is worth speaking to an estate lawyer.
Can a Will be witnessed by video in New South Wales?
NSW allows a Will to be witnessed by audio-visual link, as long as the specific steps in the Electronic Transactions Act 2000 (NSW) are followed.
How long do people have to contest a Will in New South Wales?
12 months from the date of death. After that, a claim generally needs the court's permission. Executors shouldn't share out the estate until this time has passed.
This page is general information about Wills in New South Wales, checked October 2026. It isn't legal advice. We are not a law firm. If your situation is complex, please speak to an estate lawyer.