Making & Amending A Will

Making a Will in NSW

A Will is the legal document that sets out how your assets are distributed after you die, who looks after any children under 18, and who manages your estate. In New South Wales, Wills are governed by the Succession Act 2006 (NSW). For a Will to be valid it must be in writing, signed by you, and witnessed by two people present at the same time — and you must have the mental capacity to understand what you're signing.

Getting it wrong is common and costly. A homemade or online Will that doesn't meet the legal requirements can be invalidated, leaving your estate to be distributed under intestacy rules — which rarely match what you actually wanted.

What your Will should cover

• Executor — the person you trust to administer your estate
• Beneficiaries — who receives what, and when
• Guardians for any children under 18
• Testamentary trusts — useful for blended families, minor children, or beneficiaries with special needs
• Superannuation and life insurance nominations (these usually sit outside your Will)
• Specific gifts — property, jewellery, sentimental items
• Funeral and burial preferences
• Provision for pets

Amending Your Will

A Will is not a "set and forget" document. We recommend reviewing yours every 3–5 years and after any major life event. Common triggers include:

• Marriage, divorce or separation (marriage automatically revokes most Wills under s12 of the Succession Act)
• The birth or adoption of a child or grandchild
• Buying property, selling a business, or a significant change in assets
• The death of a beneficiary or named executor
• Moving interstate or overseas
• A change in your relationship with a named beneficiary

Small changes can be made with a codicil — a formal amendment to your existing Will. Larger changes usually warrant a new Will to avoid confusion or disputes later.

How We Work — Transparent Fees

We charge fixed fees wherever possible so you know what your Will will cost before we start. After a free 30-minute consultation we provide a written quote covering:

• Initial consultation and instruction-taking
• Drafting the Will (and codicils or testamentary trusts if needed)
• Witnessing and execution
• Secure storage of the original document

Where a matter is more complex (multiple trusts, business succession, international assets) we'll discuss alternative fee arrangements during the consultation.

Common Questions About Making a Will

How much does it cost to make a Will in NSW?

A simple Will at Simons George Legal starts at a fixed fee discussed in your initial consultation. More complex Wills — those involving testamentary trusts, business interests, or blended families — are quoted individually. We always provide a written quote before any work begins.

Do I need a lawyer to make a Will, or can I use a kit?

You're not legally required to use a lawyer, but DIY Wills are one of the most common reasons estates end up in court. A 2022 NSW Trustee & Guardian study found errors in over a quarter of homemade Wills examined. The cost of fixing a defective Will after death typically far exceeds the cost of having one drafted properly.

How often should I update my Will?

Review your Will every 3–5 years and after any major life event — marriage, divorce, a new child, the purchase of significant assets, or the death of a beneficiary or executor. Marriage automatically revokes an existing Will in NSW unless it was made "in contemplation of marriage."

What happens if I die without a Will?

You're considered to have died "intestate." Your estate is distributed under the rules in Chapter 4 of the Succession Act 2006 (NSW), which set a fixed order of next of kin. This often produces results that don't match what you would have wanted, and can leave de facto partners, step-children or close friends with nothing. Learn more about intestacy in NSW.

Can my Will be challenged after I die?

Yes — under the Succession Act, certain "eligible persons" (spouses, children, dependants) can bring a Family Provision Claim if they believe they haven't been adequately provided for. A specialist Wills lawyer structures your Will to reduce the risk of a successful challenge, but no Will is completely immune.

Where should I store my Will?

The original signed Will must be findable after your death. We store our clients' Wills in our secure document safe at no extra cost, and provide you with a certified copy for your records.