Do you have to use a lawyer to make a will?
17 September 2025
Author: Jordan Wong - Our People
Preparing a will properly means you can ensure your assets are distributed as per your wishes, protect the special people in your life, and prevent your estate being distributed under intestacy laws, which may involve outcomes that don’t reflect your wishes.
Do you need a lawyer to prepare a will? No. You can prepare a will yourself, and many people are drawn to this lower cost option. However the DIY approach comes with risks, which we’ll outline in this article.
In this article, we’ll look at why making a will is very important, at the risks of do-it-yourself wills, what happens when there is no will or a will is deemed invalid, and why using an experienced wills and estates lawyer can help to ensure your will is clear and legally compliant.
Why you should make a will
Having a valid will help to:
Protect your loved ones: When a will is absent or incomplete, there is likelihood that intestate laws will dictate how the estate is distributed, rather than it being distributed as per your wishes. In such circumstances, your loved ones may not receive the support and inheritance you wanted them to receive.
Allows you to outline how all your assets, (including, but not limited to monetary assets, digital assets, sentimental items) are to be distributed between your friends and family.
Allows you to outline your funeral and burial wishes. This can include whether you want to be cremated or buried, your desired plot location, financial arrangements for you funeral, (e.g. if you have a prepaid funeral plan or insurance), the location of your funeral service and what sort of songs/rituals take place on the day, and who you would like to lead funeral arrangements and give readings or eulogies on the day. Having this outlined in your will can remove decision making for loved ones and ensures your personality and values are reflected.
Provides you with peace of mind, as you know your affairs are in order and that your family will not have to deal with unnecessary troubles.
Minimises disputes: When a will is incomplete or unclear, there is scope for dispute amongst those left behind. To prevent acrimony between family members, it is best to have a very clear and well set out will, that covers all bases, leaves nothing open for interpretation, and is legally binding.
Allows you to select trusted people, such as an executor, to manage your estate, and if you have children, it allows you to state who you wish their guardians to be.
Without a will, you are considered to have died intestate, which involves your assets being distributed under your state or territory’s intestacy laws.
Can you make a will without using a lawyer?
Yes, you can prepare your will yourself. There are DIY will kits readily available online for purchase, and at post offices.
In order to be legally valid in Australia, wills, including DIY wills, must:
Be in writing, either typed or handwritten. This means that video or audio wills are unlikely to be deemed valid by a court, although exceptions apply in some states.
Must clearly state how you want your assets distributed.
Be signed by you, the will-maker/testator.
Be signed by two independent witnesses who are present when you sign the will.
Are DIY wills legally binding?
A Do It Yourself will may be legally binding, provided it meets state/territory legal requirements.
What may cause a will to fail are issues such as:
Unclear, ambiguous or contradictory wording, that calls into question the wishes of the testator.
The will leaves out certain assets, which may deem it partially intestate. (The assets excluded from the will will be distributed using the state/territory’s intestate formula.)
The will misses key details, for example an executor is not named or identifiable.
A beneficiary to the will acted as a witness. (Witnesses must be independent, and not have a vested interest in the will.)
The witnesses signed the will at different times, or were not present together. Both witnesses must be present together with the testator, and observe the testator signing the document.
Note, in some jurisdictions, remote witnessing of a will via an audio-visual link may be allowed, however one of the witnesses is required to be a justice of the peace or lawyer for this to be viable.
What happens if a DIY will is deemed invalid?
If your DIY will in invalid, it will be considered that there is no will at all, and intestate laws apply.
What does ‘intestate’ mean?
If you pass away without a valid will, or your will doesn’t sufficiently cover all of your assets, you are considered to have died intestate, and your estate will be distributed under the intestacy laws of your state or territory. Statutory formulas are used to determine the distribution of assets and order of beneficiaries, according to your state/territory’s succession legislation. This means that your assets may not be distributed to your preferred beneficiaries, or in the proportions you want.
Common risks of making a DIY will
Your estate is complex and the DIY will kit doesn’t allow for complexity
Without experience, it can be difficult to know everything you need to put in a will. A template may ask relevant questions, but may not encompass the full scope of your unique situation. For example, if you own a business, own property overseas, have a blended family or a complex estate, then a will template will likely not suffice. Only tailored legal advice can ensure your will addresses these complexities correctly.
The will misses key details
When making a will yourself, you may neglect to include important information which can make matters difficult for those you leave behind, and may increase costs for your loved ones. Information commonly missed in DIY wills includes:
Guardianship arrangements for children under 18 (who will take on responsibility for your kids?)
Nomination of an executor or alternate executor
Instructions for paying debts and taxes
Distribution of specific gifts, like family heirlooms, jewellery, furniture etc.
How to handle digital assets like online accounts or cryptocurrency.
Family disputes
If your will is vague or incomplete, it leaves the door open for disagreements amongst family. Drawn out and costly disputes may arise, which disrupt everyone’s lives, and may lead to ill feeling. Common disputes related to wills include:
Family disagreeing about who should act as guardian to your child/children
Stepchildren or other family members arguing over who is entitled to what
Contention about what happens with your superannuation and/or life insurance benefits
Confusion over jointly owned property or family businesses.
These disputes often end up in court and can damage family relationships permanently.
The will is invalid
Your will may be declared invalid by the court if it doesn’t meet legal requirements. If this happens, your estate will be distributed under intestacy laws.
Is it best to use a lawyer to write a will?
Investing in the services of a lawyer to help with writing your will can offer great peace of mind. A lawyer experienced in wills and estate planning will help you compose a will that explicitly expresses your wishes and is free from any ambiguous statements that could later be challenged. It will also meet legal conventions.
In addition to drafting the actual will, an experienced lawyer will be able to discuss your unique situation with you and provide you with advice on tax matters, advise you on structuring a trust (if applicable), and review your assets. They’re also able to safely store your will and other relevant documents.
Why Use a Lawyer for Your Will
Clear, Accurate Wording – Avoid ambiguity by having your wishes expressed clearly, reducing the risk of misunderstandings or disputes.
Legal Validity and Compliance – Ensure your will meets all state/territory requirements, including that it is properly witnessed and signed, and that you have mental capacity to understand the document and its implications when you make the will.
Customised Advice – Receive guidance for your unique situation. This includes advice on complex business interests, on blended families, and on vulnerable beneficiaries.
Comprehensive Estate Planning – A lawyer can review all your assets, including property that’s jointly owned and superannuation, and advise on trusts and on powers of attorney.
Dispute minimisation – Minimise the risk of conflict within the family, and/or legal challenges over your will, by having it professionally prepared.
Executor Support – Lawyers can guide your executors on their legal duties after your death.
Safe Document Storage – Many law firms will securely store your will and related documents for easy access when needed.
Aitken Partners - Experts in Wills & Estates
Preparing a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out. While DIY wills might seem appealing, they may end up being deemed invalid or result in errors that leave them open to dispute.
Aitken’s Wills & Estates lawyers will ensure your will is clear, legally sound and that it gives you peace of mind in regards to how your assets are to be distributed, and that your estate will be managed as per your plan.