Can you write your own will in Australia?
Legally, yes. Practically, it's rarely a good idea. Here's what DIY wills miss – and when the exceptions actually apply.
You can legally write your own will in Australia, provided it meets the state's execution requirements. In practice, DIY wills fail often enough that the savings rarely justify the risk.
The legal answer
There's no legal requirement that a will be drafted by a lawyer. If your will is in writing, signed by you in the presence of two witnesses, and signed by both witnesses, it meets the execution requirements of South Australia's Wills Act 1936.
Where DIY wills go wrong
Witnessing failures
The single most common DIY mistake. Witnesses must be present at the same time, watch you sign, and sign themselves in your presence and each other's. Witnesses who are beneficiaries make the gift to them void.
Ambiguous wording
DIY will kits use generic wording. When applied to your specific family, the wording often creates ambiguity that leads to family disputes – or worse, court applications to interpret the will.
Missing substitute beneficiaries
What happens if a beneficiary dies before you? Without a substitute clause, the gift ‘lapses’ and falls into the residue. Most people don't want that.
No residuary clause
Any asset not specifically gifted falls into the ‘residue’ of the estate. Without a residuary clause, the residue passes by the rules of intestacy – regardless of what you intended.
Superannuation confusion
Superannuation doesn't automatically form part of your estate. It's governed by your super fund's binding death benefit nominations. DIY wills typically don't mention super, which creates inconsistencies.
When DIY might work
A very simple situation: single person, no dependents, all assets jointly held with a partner who will inherit automatically, no children, modest estate. Even then, the cost of a lawyer-drafted will is modest compared to the risk.
Summary
The formalities are the easy part. The real risk in DIY wills is in the drafting decisions that create ambiguity, miss substitute beneficiaries, ignore super, and leave loopholes for family disputes. A fixed-fee lawyer-drafted will almost always costs less than the alternative.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
Related reading
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.