If you live in Canberra and have been putting off your will, you are not alone. Many people mean to get around to it, but the job often slips down the list until something changes: buying a home, starting a family, separating, getting remarried, or watching someone close to them deal with a difficult estate. The good news is that getting your will sorted does not have to feel overwhelming.
In the ACT, a valid will generally needs to be in writing, signed by you, and witnessed by two people while you have testamentary capacity. If you die without one, your estate may be dealt with under intestacy rules rather than your own wishes.
Table of Contents
How do you draft a valid will in the ACT?
To draft a valid will in the ACT, you need to clearly set out who should receive your assets, appoint an executor, sign the will properly, and have it witnessed in line with ACT requirements.
You should also review related issues such as superannuation, digital assets, and who would make decisions for you if you lost capacity. The ACT’s rules sit under the Wills Act 1968 (ACT), while the ACT Supreme Court deals with probate and estate administration after death.
What a will actually does
Your will is the document that tells people what you want to happen after you die. It can name your executor, set out who receives your estate, leave specific gifts, and record your wishes about caring for minor children. It is one of the most important parts of your estate plan because it gives your family direction at a time when they are likely to be under stress.
Just as importantly, a will does not deal with everything automatically. Some assets may sit outside your estate, including superannuation death benefits and some jointly held property. That is why good estate planning usually looks at more than the will alone. Balance Family Law already covers this in its guides to Estate Planning with Superannuation: A Comprehensive Guide and Digital Estate Planning.
What your will covers and what may need separate planning
| Estate planning issue | Covered in will? | Notes |
|---|---|---|
| Executor appointment | Yes | Your executor manages the estate and may need to apply for probate. |
| Gifts to family or friends | Yes | These should be clearly worded to avoid uncertainty. |
| Residue of your estate | Yes | This is what remains after debts, costs, and specific gifts. |
| Guardianship wishes for children | Often included as wishes | Important to discuss in advance with the proposed guardian. |
| Superannuation death benefits | Not always | These may depend on fund rules and nominations. |
| Digital assets and online accounts | Not fully | Often needs separate instructions and secure record-keeping. |
| Financial and health decisions during incapacity | No | These usually require separate documents such as powers of attorney and health directions. Learn more through Wills & Estate Planning Lawyers Canberra. |
Why having a will matters in the ACT
If you die without a valid will, the people close to you do not simply “work it out.” In the ACT, the estate may need to be administered under intestacy rules, and someone may need to apply for letters of administration rather than probate. That can mean extra delay, more uncertainty, and an outcome that does not reflect what you would have wanted. The ACT Supreme Court publishes guidance on probate and related forms, and the underlying legal framework is set out in the Administration and Probate Act 1929 (ACT).
For many Canberra families, the real value of a will is not just legal compliance. It is reducing confusion. It is helping the right person step in. It is making life easier for your partner, children, or other loved ones during a difficult time.
Helpful ACT resources: See ACT Supreme Court – Probate and ACT Supreme Court – Wills and Probate Forms for current probate information and filing guidance.
What makes a will valid in the ACT
The starting point in the ACT is simple: your will generally needs to be in writing, you need to sign it properly, it needs to be witnessed correctly, and you need to have testamentary capacity when you make it. Legal Aid ACT – Do you have a will? explains these basics in plain language, and the governing law is the Wills Act 1968 (ACT).
That sounds straightforward, but small mistakes can create real problems later. A will that has not been signed or witnessed correctly can become vulnerable to challenge. A will made when capacity is in issue can create delay and conflict. A will that uses vague wording may leave your executor and family trying to guess what you meant.
ACT will validity checklist
- You are generally 18 or older.
- The will is in writing.
- You sign the will properly.
- Two witnesses are present in the required way when you sign.
- You understand what the will does, the general nature of your assets, and who may have a claim on your estate.
A practical way to think about drafting your will
If you are sitting down to draft your will, it helps to break the task into a few decisions.
1. Choose the right executor
Your executor is the person who steps in after your death to deal with your estate.
They may need to gather information about your assets, pay liabilities, communicate with beneficiaries, and apply for probate if needed. That person should be someone reliable, organised, and capable of handling paperwork and practical decisions.
A good question to ask yourself is: If something happened to me tomorrow, who would actually be able to handle this?
2. Be clear about who receives what
This is where many DIY wills fall down.
If you want to leave a specific gift, say so clearly. If you want the balance of your estate divided in shares, make that easy to follow. If there are blended family issues, estranged relatives, or vulnerable beneficiaries, careful wording matters even more.
This is where a short article on Estate Planning 101 can be helpful, but it is also where tailored advice often adds real value.
3. Think beyond the obvious assets
People often think about the family home and bank accounts first. But your estate planning may also need to consider superannuation, trusts, companies, digital assets, family heirlooms, and personal items that are likely to carry emotional weight.
Our article on Digital assets in estate planning is a useful reminder that modern estates are not just paper files and property titles.
4. Record guardianship wishes if you have children
If you have young children, your will is one of the places where you can record who you would want caring for them if you died. That does not mean the issue is always simple in practice, but recording your wishes can still provide important guidance and help avoid avoidable conflict later.
When a DIY will may not be enough
Some people do have relatively simple circumstances. But many do not.
A template may not deal well with:
- blended families,
- second marriages,
- estranged children or dependants,
- superannuation death benefit planning,
- trusts or business interests,
- tax-sensitive structures,
- digital assets,
- asset protection concerns,
- or the risk that someone may later challenge the estate.
That’s why our Wills & Estate Planning service focuses on estate planning more broadly rather than treating the will as a standalone form.
DIY will vs lawyer-assisted will
| Issue | DIY approach | Lawyer-assisted approach |
|---|---|---|
| Basic wishes recorded | Often yes | Yes |
| ACT-specific signing and witnessing guidance | Sometimes unclear | Tailored to ACT requirements |
| Blended family planning | Often limited | Can be structured carefully |
| Superannuation and estate overlap | Easy to miss | Considered as part of wider planning |
| Digital assets | Often overlooked | Can be built into the plan |
| Testamentary trusts | Usually not addressed well | Can be drafted where appropriate |
| Challenge risk and family provision issues | Usually not assessed | Can be discussed and managed strategically |
Common mistakes people make when drafting a will
The most common mistakes are not usually dramatic. They are often simple things that create problems later.
Using vague wording
Forgetting to update it
Ignoring super and digital assets
A lot of the modern estate planning issues people worry about are not neatly solved by the will itself. Super and digital assets are two of the biggest examples.
For more detail, see Estate Planning with Superannuation: A Comprehensive Guide and Digital assets in estate planning.
Not thinking about who might challenge the estate
In the ACT, some eligible people may be able to seek further provision from an estate under the Family Provision Act 1969 (ACT). That does not mean every estate ends in a dispute, but it does mean careful planning can matter, especially in blended families or where one person may feel they have been left out.
What about storing your will?
A valid will still needs to be found when the time comesThe ACT Public Trustee and Guardian also provides practical information about making a will and the ACT Will Register.
You can read more at ACT Supreme Court – Wills and ACT Public Trustee and Guardian – Making a Will / Wills / ACT Will Register.
Storage checklist
- Know where the original will is kept.
- Make sure your executor can find it.
- Store related estate planning documents securely.
- Review storage arrangements when your circumstances change.
When it makes sense to get legal advice
If your affairs are simple, you may be able to start with a basic checklist. But legal advice is usually worthwhile if you have a blended family, own a business, have a trust, want to protect a vulnerable beneficiary, need to think through superannuation, or want the confidence that the document has been prepared properly under ACT law.
Balance Family Law’s process is designed to feel manageable: start with a conversation, provide your instructions, review the draft, and then sign the final documents.
Need help with your will? Visit Balance Wills & Estate Planning Lawyers in Canberra or Get in Touch to discuss your circumstances with the Balance Family Law team.
Final thoughts
Drafting your will is really about making things easier for the people you care about and making sure your wishes are clear while you are here to set them out properly.
In Canberra, that means thinking not only about who gets what, but also about validity, execution, probate, superannuation, digital assets, and whether your current plan still fits your life.
If your circumstances are straightforward, you may only need a simple plan. If they are not, getting the right advice now can save a great deal of stress later.
About the author: Jonathon Naef
Jonathon Naef (or “Jono”) is a Senior Lawyer and Co-founder of Balance Family Law in Canberra. He leads the firm’s Wills and Estate Planning team and assists clients with estate planning, probate, and disputes involving wills, estates, and guardianship matters.
Jonathon completed a Master of Law (Applied Law), majoring in Estate Planning with the College of Law, where he was awarded Best Graduating Student in Estate Planning in 2021. He was also named the Winner of the Lawyers Weekly 30 Under 30 Awards in the Wills & Estate category in 2022 and was a finalist for the ACT Law Society’s New Lawyer of the Year Award in 2023.
His approach focuses on clear, practical advice in plain English.
Read more about Jonathon Naef.
References
- ACT Legislation Register – Wills Act 1968 (ACT)
- ACT Legislation Register – Administration and Probate Act 1929 (ACT)
- ACT Legislation Register – Family Provision Act 1969 (ACT)
- ACT Supreme Court – Probate
- ACT Supreme Court – Wills and Probate Forms
- ACT Supreme Court – Wills
- ACT Public Trustee and Guardian – Making a Will / Wills / ACT Will Register
- Legal Aid ACT – Do you have a will?
