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Last Will and Testament Template

A last will and testament records how you want your estate distributed after your death and who you trust to administer it. Use our free Australian template to prepare a valid will under your state's Wills Act or Succession Act, appoint executors and guardians, and provide for loved ones, charities, and any specific gifts.

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LAST WILL AND TESTAMENT
State Of New South Wales, Australia
TESTATOR
James T. O'Brien
45 George Street, Sydney NSW 2000
Testator: James T. O'Brien
Date: 25 April 2026 · State: New South Wales · Married
I, James T. O'Brien, of 45 George Street, Sydney NSW 2000, in the State of New South Wales, Australia, being of full legal age, of sound mind and memory, and not acting under any duress, undue influence, fraud, or misrepresentation of any person, do hereby declare this to be my Last Will and Testament (the "Will"), made this 25 April 2026, and I hereby revoke all former wills, codicils, and testamentary dispositions previously made by me.
1.
REVOCATION OF PRIOR WILLS
I hereby revoke and cancel all former wills, codicils, and testamentary dispositions of every nature and kind previously made by me. This Will constitutes my sole and entire testamentary expression. I confirm that I have testamentary capacity within the meaning of the Succession Act 2006 (NSW), being: (a) of full legal age; (b) of sound mind; and (c) not under duress or undue influence.
2.
APPOINTMENT OF EXECUTOR
I appoint Sarah J. Mitchell, of Level 8, 1 Chifley Square, Sydney NSW 2000 (my Colleague and trusted friend), as the Executor and Trustee of this Will (the "Executor"), to administer my estate in accordance with this Will. My Executor shall have authority to apply for probate of this Will in the Supreme Court of New South Wales and to obtain letters of administration where necessary. If Sarah J. Mitchell is unable or unwilling to act or to continue to act as Executor, I appoint Michael R. O'Brien, of 12 Collins Street, Melbourne VIC 3000, as Alternate Executor with the same powers, authorities, and discretions.
3.
EXECUTOR POWERS
I grant my Executor the broadest powers and discretions permitted by the Succession Act 2006 (NSW) and the applicable Trustee Act of New South Wales, including without limitation the power to: (a) sell, lease, mortgage, or otherwise deal with any real or personal property forming part of my estate at such price and on such terms as my Executor considers appropriate; (b) invest and reinvest estate assets in any investments a prudent investor would make, having regard to the purposes, distribution requirements, and other circumstances of my estate; (c) pay all just debts, funeral and testamentary expenses, and all estate taxes and duties (including any capital gains tax arising from the deemed disposal of assets at death) from the general assets of my estate; (d) retain professional advisors, including solicitors, accountants, and financial advisors, and pay their reasonable fees from my estate; (e) distribute my estate in specie or in cash, or partly in each, at values determined solely by my Executor; and (f) exercise all powers conferred upon executors and trustees under the applicable Trustee Act of New South Wales.
4.
SPECIFIC BEQUESTS
I give and bequeath the following specific gifts to the persons named below, free of all encumbrances and free of estate duty (if any): My vintage 1967 Ford Mustang to my brother Michael R. O'Brien; my personal library to the University of Sydney Law School. Each specific beneficiary must survive me by a period of thirty (30) days to receive their bequest; if they do not, the bequest shall fall into the residue of my estate.
5.
TESTAMENTARY TRUST FOR MINOR BENEFICIARIES
If any beneficiary under this Will is under the age of 25 years at the date of my death, I direct my Executor to hold that beneficiary's share of my estate upon trust (the "Testamentary Trust") until the beneficiary attains the age of 25 years or dies, whichever occurs first. I appoint Sarah J. Mitchell as Trustee of the Testamentary Trust, with the same powers and discretions granted to my Executor under this Will. The Trustee may apply any income or capital from the Testamentary Trust for the maintenance, education, advancement, or general benefit of the beneficiary as the Trustee considers appropriate in the Trustee's absolute discretion. A testamentary trust established under this clause may provide tax benefits to the beneficiaries under the Income Tax Assessment Act 1997 (Cth), including the ability to distribute income to minor beneficiaries at adult marginal tax rates — the Executor is advised to obtain specialist estate planning advice.
6.
RESIDUARY ESTATE
I give, devise, and bequeath all the rest, residue, and remainder of my estate, both real and personal property, of whatsoever nature and wheresoever situate (the "Residual Estate"), as follows: 60% to Emma L. Watson (spouse) and 40% to Children's Testamentary Trust, absolutely, free of all encumbrances, subject to the payment of all debts, taxes, and costs of administration. If any residuary beneficiary predeceases me or does not survive me by thirty (30) days, their share shall pass to their issue per stirpes; and if there are no surviving issue, their share shall be distributed equally among the surviving residuary beneficiaries.
7.
GUARDIANSHIP OF MINOR CHILDREN
If at the time of my death any of my children are under the age of eighteen (18) years, I appoint Sarah J. Mitchell, of Level 8, 1 Chifley Square, Sydney NSW 2000 (Trusted family friend), as the Guardian of the person of my minor children. This appointment is made pursuant to the Succession Act 2006 (NSW) and any applicable child welfare and family law legislation. If Sarah J. Mitchell is unable or unwilling to act as Guardian, I appoint Michael R. O'Brien as Alternate Guardian with the same powers and authorities. This appointment is an expression of my wishes and is subject to the approval of a court of competent jurisdiction acting in the best interests of my children, having regard to the Family Law Act 1975 (Cth) and applicable state legislation.
8.
DIGITAL ASSETS
I grant my Executor full authority to access, manage, preserve, transfer, distribute, and if appropriate delete all of my digital assets, including but not limited to: email accounts, social media profiles and accounts, digital photographs and files, domain names, websites, online banking and financial accounts, investment accounts, cryptocurrency and digital wallets (including any private keys and seed phrases), cloud storage services, subscription services, and any other electronically stored information. My Executor shall have the authority to obtain any passwords, PINs, encryption keys, or access credentials necessary to administer my digital estate, whether from a digital legacy service, a password manager, or other means. Where a platform's terms of service do not permit transfer, my Executor shall exercise their best discretion.

Specific digital asset instructions: My Executor shall have access to all digital accounts. Cryptocurrency holdings to be transferred to my spouse Emma L. Watson.
9.
PAYMENT OF DEBTS AND TAXES
I direct my Executor to pay all my just and legally enforceable debts, funeral and testamentary expenses, and all estate, succession, or other taxes and duties assessed against my estate, as soon as is practicable after my death, from the general assets of my estate. This includes any income tax liability under the Income Tax Assessment Act 1997 (Cth) for the year of my death and all prior income years, and any capital gains tax arising under Division 128 of the Income Tax Assessment Act 1997 (Cth) from assets included in my estate.
10.
SURVIVORSHIP
For the purposes of this Will, a beneficiary shall be deemed to have predeceased me if they do not survive me by a period of thirty (30) days. Where a beneficiary dies within thirty (30) days of my death, their share of my estate shall pass as if they had predeceased me, unless this Will expressly provides otherwise.
11.
GOVERNING LAW
The validity, construction, and administration of this Will shall be governed by the laws of the State of New South Wales, Australia, and in particular the Succession Act 2006 (NSW) and any applicable regulations. Probate shall be obtained in the Supreme Court of New South Wales. Where assets of my estate are situated in other Australian states or territories, my Executor shall obtain such ancillary grants of probate or letters of administration as may be necessary.
12.
SEVERABILITY
If any provision of this Will is found by a court of competent jurisdiction to be invalid, void, or unenforceable, such invalidity shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.
IN WITNESS WHEREOF, I, James T. O'Brien, have signed this Will on 25 April 2026, in the State of New South Wales, Australia, in the presence of the two (2) witnesses named below, each of whom has signed below at my request, in my presence, and in the presence of each other. No witness is a beneficiary under this Will, and no witness is the spouse or de facto partner of a beneficiary, as required by the Succession Act 2006 (NSW).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
TESTATOR
James T. O'Brien
Date: ____________________
WITNESS 1
200 George Street, Sydney NSW 2000
David M. Richardson
Date: ____________________
WITNESS 2
350 Kent Street, Sydney NSW 2000
Patricia L. Chen
Date: ____________________

What Is a Last Will and Testament?

A last will and testament (usually called a "will") is a legal document in which you name one or more executors, appoint guardians for minor children, and direct how your property is to be distributed after your death. It allows you to depart from the statutory rules of intestacy and tailor the distribution of your estate to your personal, family, and philanthropic wishes.

Australian succession law is state-based. Wills are governed by the Succession Act 2006 (NSW), Wills Act 1997 (Vic), Succession Act 1981 (Qld), Wills Act 1936 (SA), Wills Act 1970 (WA), Wills Act 2008 (Tas), Wills Act 1968 (ACT), and Wills Act 2000 (NT). While the details vary slightly, the core requirements for a valid will are consistent across jurisdictions.

A valid will must generally be in writing, signed by the testator, and witnessed by two independent adults present at the same time who also sign the will. The testator must be at least 18 years old and have testamentary capacity — the mental capacity to understand the nature of making a will, the property being disposed of, and those who have claims on the estate. Under the family provision legislation in each state, certain family members can apply to the court for provision even where the will does not adequately provide for them.

What's Covered in This Template

Our will template covers every essential element of a valid Australian will.

Testator Details

Full legal name, address, and date of birth of the person making the will.

Declaration and Revocation

Statement revoking all previous wills and codicils.

Executor Appointment

Primary and substitute executors to administer the estate.

Guardian for Minor Children

Appointment of guardians for children under 18.

Specific Gifts

Individual gifts of personal property, money, or items.

Residue of Estate

Distribution of the remaining estate after debts and specific gifts.

Substitute Beneficiaries

Fallback gifts if a primary beneficiary predeceases the testator.

Charitable Gifts

Legacies to registered Australian charities.

Digital Assets

Direction for online accounts, cryptocurrencies, and digital property.

Funeral and Burial Wishes

Directions about funeral, burial, cremation, and body donation.

Testator Signature

Signature block for the testator in the presence of witnesses.

Two-Witness Block

Attestation by two independent adult witnesses present at the same time.

How to Create a Will

Follow these steps to prepare a valid Australian will in minutes.

  1. 1

    Enter Your Details

    Provide your full legal name, address, and date of birth.

  2. 2

    Appoint Executors and Guardians

    Name the people you trust to administer your estate and raise your children.

  3. 3

    List Specific Gifts

    Identify particular items, money, or property to go to particular people or charities.

  4. 4

    Distribute the Residue

    Specify how the rest of your estate is to be divided.

  5. 5

    Sign in Front of Two Witnesses

    Sign the will in the presence of two independent adult witnesses who sign at the same time.

Legal Considerations

A valid will must comply with state formalities, and family provision law can override its distribution.

This template is for informational purposes only and does not constitute legal advice. For complex estates, blended families, business interests, or self-managed superannuation funds, consult a qualified Australian succession lawyer.

Reviewed for Australian law

Formal Requirements for Validity

Section 6 of the Succession Act 2006 (NSW), section 7 of the Wills Act 1997 (Vic), and equivalent provisions require that a will be in writing, signed by the testator (or by another person in the testator's presence and at their direction), and the signature be made or acknowledged in the presence of two or more witnesses present at the same time, who each attest and sign. Courts can dispense with formalities under informal will provisions (section 8 NSW; section 9 Vic) but only in exceptional cases.

Testamentary Capacity

The classic test of testamentary capacity is stated in Banks v Goodfellow (1870) LR 5 QB 549 and applied in Australia: the testator must understand the nature and effect of making a will, the extent of their property, and the moral claims of those who might expect to benefit. Capacity must exist at the time of giving instructions and signing. Medical assessment is prudent where capacity may later be challenged.

Family Provision Claims

Chapter 3 of the Succession Act 2006 (NSW), Part IV of the Administration and Probate Act 1958 (Vic), Part IV of the Succession Act 1981 (Qld), and equivalents in other states allow certain "eligible persons" (including spouses, children, and some dependents) to apply for further provision from the estate. A will that fails to provide adequately for such persons can be varied by the court.

Assets Outside the Estate

Superannuation, jointly-owned property (by right of survivorship), and assets in discretionary trusts do not pass under a will. Superannuation requires a binding death benefit nomination under section 59 of the Superannuation Industry (Supervision) Act 1993 (Cth) to direct payment. A comprehensive estate plan addresses both testamentary and non-testamentary assets.

Frequently Asked Questions

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