Estate planning is one of the most important things you can do for your family, yet it is often put off because the process feels uncertain or complicated. One of the most common questions we hear is: “Does my will actually count?” The answer depends on whether it meets the formal legal requirements under NSW law. Getting these details right from the start protects your wishes and spares your loved ones unnecessary difficulty later.

The Formal Requirements for a Valid Will in NSW

A will must satisfy several specific requirements to be legally valid. Missing even one of them can cause significant problems for your estate.

The will must be in writing. It can be typed or handwritten, but it must exist as a physical document.

The will-maker (known as the testator) must sign it. If the testator is unable to sign personally, they may direct another person to sign on their behalf, provided that person does so in the testator’s presence.

The testator’s signature must be made or acknowledged in the presence of two witnesses, and both witnesses must be present at the same time.

At least two witnesses must then sign the will in the presence of the testator. They do not need to sign in each other’s presence, though it is best practice for them to do so.

These requirements exist to confirm that the document reflects the testator’s genuine final instructions and to guard against fraud or tampering.

Who Can Witness a Will?

Witnesses do not need any special qualifications, but there are two clear rules:

• Each witness must be at least 18 years old.
• No witness can be a beneficiary under the will.

For example, if you intend to leave your entire estate to your two children, they cannot also serve as witnesses to your will. Doing so may not invalidate the will itself, but it can affect whether those beneficiaries are entitled to receive their gift.

When Complete Legal prepares a will for a client, we provide the witnesses. This is typically the lawyer who drafts the will and another member of our team.

Where Should the Will Be Signed?

The testator’s signature can technically appear anywhere on the document, but signing at the end is customary. Best practice is for both the testator and both witnesses to sign at the bottom of every page. This approach reduces any risk of pages being disputed, replaced, or removed.

Do You Need a Lawyer to Write a Will?

There is no legal requirement to engage a lawyer to prepare your will. However, errors in DIY wills are common, and the consequences can be serious. A mistake in wording or execution could mean your assets pass to someone you never intended, or that your will is challenged after your death. The cost of getting it right now is almost always less than the cost of resolving problems later.

Estate Planning Goes Beyond Your Will

When clients come to us to discuss their will, we also talk through two other important documents that work alongside it: a power of attorney and an enduring guardianship appointment. Unlike a will, these documents operate during your lifetime.

Power of attorney is a legal document by which you (the principal) authorise another person (the attorney) to make legal and financial decisions on your behalf. If the power of attorney is enduring, it continues to operate even if you later lose decision-making capacity.

Enduring guardianship is a legal appointment in NSW that authorises a trusted adult to make personal, health and lifestyle decisions on your behalf, but only if, and for as long as, you lack decision-making capacity. It does not extend to financial or property matters.

Both documents have their own formal requirements to be valid, and we can guide you through those as part of your broader estate planning.

Get Your Estate Planning Right

A valid will gives you control over what happens to your assets and provides clarity for the people you leave behind. Combined with the right powers of attorney and guardianship arrangements, it forms a complete picture of your wishes.

If you would like to discuss your estate planning needs, contact our experienced team. We are here to help you get it right.