How to make a valid will in Victoria: requirements, witnesses and common mistakes

A will is the one document almost every adult in Victoria should have, yet it is also the document most often done badly. The formal requirements are strict, the informal shortcuts are risky, and the mistakes rarely surface until it is too late to fix them. Here is what actually makes a will valid in Victoria, and how to get yours right the first time.

What the law requires

The rules come from the Wills Act 1997 (Vic). To be formally valid, a will must be in writing, signed by the will-maker (or by someone else at their direction, in their presence), and that signature must be made or acknowledged in front of two adult witnesses present at the same time, who each sign the will in the will-maker's presence. Miss any of those elements and the document may not operate as a will at all.

The witnesses do not need to read the will or know what it says. Their job is to witness the signature, not the contents. In Victoria a beneficiary who witnesses the will no longer automatically loses their gift, as the old "interested witness" rule has been abolished — but having an independent witness remains better practice, because it removes an easy argument for anyone minded to challenge the will later.

Who can make a will

You must generally be 18 or over, although a married minor can make a will and the court can authorise one for a younger person in special circumstances. More importantly, you must have testamentary capacity: broadly, you must understand what a will does, know in general terms what you own, appreciate who might reasonably expect to benefit, and not be affected by a disorder of the mind that distorts those judgments.

Capacity is the single most common battleground in will disputes, particularly where a will is made late in life or after a diagnosis of dementia. Where there is any doubt, a careful lawyer keeps detailed notes and, in some cases, arranges a medical opinion on the day of signing. That evidence can be the difference between a will that survives a challenge and one that fails. For people who have already lost capacity, the Supreme Court of Victoria can authorise a statutory will on their behalf.

What a will can — and cannot — deal with

A will controls the assets you own personally: your share of the house, money, vehicles, shares, personal effects. It appoints your executor, names your beneficiaries, and can appoint guardians for children under 18. What surprises many people is what a will does not automatically control:

• Superannuation is paid by your fund's trustee, and follows a valid binding death benefit nomination rather than your will. Read our guide to superannuation death benefits.
• Jointly owned assets, such as a home owned as joint tenants, pass automatically to the surviving owner outside the will.
• Family trust assets are owned by the trustee, not you. Control of the trust passes under the trust deed, which your estate plan needs to address separately.
• Life insurance held with a nominated beneficiary is paid directly to that person.

A good estate plan lines all of these up so they pull in the same direction. That is why a proper will appointment starts with a conversation about what you own and how it is held, not with a form.

Common mistakes that cause disputes

After years of acting in estate disputes, we see the same handful of errors again and again:

• Home-made execution errors. One witness instead of two, witnesses signing at different times, pages swapped or re-stapled. Victoria's courts can admit an informal will under section 9 of the Act, but that requires a Supreme Court application — slow, expensive and uncertain.
• Handwritten changes. Crossing out a name or writing in a new gift after signing generally has no effect, and casts doubt over the whole document.
• Out-of-date wills. Marriage generally revokes an earlier will unless it was made in contemplation of that marriage. Divorce cancels gifts to, and the appointment of, a former spouse. Separation without divorce does neither — which catches many people out.
• Ignoring likely claimants. A spouse, child or dependant left without adequate provision can bring a family provision claim. Careful drafting cannot remove that risk entirely, but it can reduce it substantially. See who can contest a will in Victoria.
• Ambiguous wording. "I leave everything to my family" reads warmly and resolves nothing. Precision is kindness.

Choosing your executor wisely

Your executor collects your assets, pays your debts, obtains probate where required and distributes your estate. Choose someone organised, trustworthy and likely to outlive you, and name a backup. Many people appoint their spouse first, then one or two adult children. An executor can engage a lawyer to do the technical work, so good judgment matters more than legal knowledge.

Will kits and online wills

You can legally write your own will in Victoria, and a kit will that is properly signed and witnessed can be valid. The difficulty is that kits cannot ask follow-up questions. They do not notice the blended family, the asset that will not pass under the will, the beneficiary on a disability pension whose inheritance needs protecting, or the wording that means two different things. When a cheap will fails, the cost lands on your estate and your family — usually many times the price of having it drafted properly in the first place.

When to review your will

A will is not a set-and-forget document. Review it after marriage, separation or divorce, the birth of children or grandchildren, the death of an executor or beneficiary, buying or selling significant assets, or starting a business. As a rule of thumb, read it every three to five years. Most reviews end with no changes needed — which is itself useful certainty.

What it costs and how long it takes

At Spencer Alexander Lawyers we quote a fixed fee for wills before any work begins, confirmed in writing. A straightforward will typically requires one meeting and a short signing appointment; more complex plans, such as those involving testamentary trusts or business interests, take longer but follow the same transparent pricing. We oversee signing so validity is never in doubt, and hold your original in safe custody without charge.

This guide reflects the law applying in Victoria as at July 2026. It is general information only, not legal advice, and does not take your circumstances into account.