Making a Valid Will in NSW: Everything You Need to Know
A will is the foundation of good estate planning. This guide explains what makes wills, NSW-wide, valid and what to think about — a practical starting point if you are wondering how to make a will. NSW requirements are covered below.
What makes a will valid in NSW?
For a will to be valid in NSW, it generally must be in writing, signed by the will-maker, and witnessed by two people present at the same time, and the will-maker must have capacity and act freely. Get these wrong and the will can be invalid, with the estate then distributed under the intestacy rules.
What to include in your will
A well-drafted will deals with your executor, your beneficiaries and their shares, any specific gifts, substitutes in case someone dies before you, guardianship of young children, and other wishes such as funeral arrangements.
Assets that pass outside your will
Good estate planning recognises that some assets — such as superannuation and property held as joint tenants — do not pass under your will, and coordinates your will with them so nothing is overlooked.
Frequently asked questions
How do I make a valid will in NSW?
Your will generally must be in writing, signed by you, and witnessed by two people present at the same time, and you must have capacity and act freely. A solicitor can ensure these requirements are met.
What happens if my will is not valid?
Your estate may be distributed under the intestacy rules — a fixed formula that may not reflect your wishes — which is why proper drafting matters.
Do I need a solicitor to make a will?
Not legally, but a wills solicitor helps avoid the common, costly mistakes of DIY wills, especially with super, blended families or business assets.
Plan with confidence — Leyden Legal
For estate planning, Tamworth families have trusted Leyden Legal across three generations. As your local solicitor, wills, Tamworth estate plans and more are prepared with genuine care — making the process simple and giving you real peace of mind.
Contact Leyden Legal today to make or review your will.
This article provides general information only and is not legal advice. Please seek tailored legal advice before acting.
