Last Will and Testament Australia 2025: Guide, Rules & Updates

Making a last will and testament isn’t just a formality—it’s one of the most important steps you can take to safeguard your family’s future and ensure your wishes are respected. In 2025, Australians are facing new regulations and digital innovations in estate planning, making it essential to understand the current landscape. Whether you’re updating an old will or starting fresh, here’s what you need to know about protecting your legacy.

Why a Will Matters More Than Ever in 2025

Australians are living longer, family structures are becoming more complex, and digital assets are increasingly part of our estates. Yet, more than half of Australians still don’t have a valid will. Without one, your estate may be distributed according to state intestacy laws, which rarely reflect modern relationships or personal wishes.

• Blended families: Stepchildren and new partners may not be provided for unless you specify it.

• Digital assets: Bitcoin, social media, and cloud accounts may not be accessible without clear instructions.

• Business succession: If you own a business, a will can prevent costly disputes or forced sales.

In 2025, changes to the Succession Act in several states have made it easier to contest a will, especially in cases where dependents are left out. This means careful planning is more important than ever.

Key Steps to Writing a Valid Will in Australia

While DIY will kits and online templates are everywhere, a will that’s not legally valid can leave your loved ones in limbo. Here’s how to get it right in 2025:

• Decide What to Include: List your assets (property, investments, superannuation, digital accounts) and debts. Remember, superannuation and life insurance may not automatically form part of your estate—check beneficiary nominations.

• Choose Executors: Your executor carries out your wishes. In 2025, more Australians are appointing professional executors, especially for complex estates or where family conflict is likely.

• Sign with Witnesses: Your will must be signed in the presence of two witnesses who aren’t beneficiaries. Recent policy tweaks allow for remote witnessing in some states, but check your local rules.

• Store Safely: Keep your will in a secure location and let your executor know where it is. Many are now using secure digital vaults or the state Supreme Court’s will registry.

Legal advice is recommended if your circumstances are complex—such as overseas assets, family trusts, or dependents with special needs. In 2025, legal tech platforms have made professional will drafting more affordable, with fixed-fee services starting from $300.

Common Mistakes and 2025 Policy Updates

Even the best-intentioned wills can fail due to simple mistakes or changes in the law. Here’s what’s new and what to watch out for:

• Forgotten Digital Assets: In 2025, most major Australian banks and tech companies allow executors to access digital accounts if specified in a will. Without clear instructions, assets may be lost forever.

• Changes in Family Law: New amendments make it easier for de facto partners and stepchildren to claim on estates, even if left out of the will. Review your will after marriage, divorce, or major life changes.

• Revocation by Marriage: In most states, marriage automatically revokes an existing will, unless it was made in contemplation of marriage.

• Remote Witnessing: Emergency COVID-era provisions have become permanent in some states, allowing remote witnessing of wills under strict protocols.

• Superannuation: Binding death benefit nominations are still essential, as super often sits outside your will.

One real-world example: In 2024, a Sydney family spent over $60,000 in legal fees disputing a will that didn’t mention digital assets or clarify stepchild entitlements. A few hundred dollars and an up-to-date will could have avoided years of stress.

Conclusion: Secure Your Legacy with Confidence

Creating a last will and testament is more than a legal requirement—it’s an act of care for those you love. With new rules and digital trends in 2025, it’s never been more important to ensure your wishes are clear, your assets are protected, and your loved ones are provided for. Don’t leave it to chance: start the conversation, update your documents, and take control of your legacy today.