Wills

A will allows you to choose the person you want to appoint as your executor to distribute your estate to the beneficiaries you nominate.

You can choose the beneficiaries you want to inherit your estate, and how you want to split the inheritance. 

For more information see Wills on the NSW State Library website. 

If you die without a will (known as dying intestate), the rules of intestacy apply. This means that your assets will be distributed to certain relatives in an order set by the law.  

For more information, see Procedure on death if there is no will on the NSW State Library website. 

In your will, you need to appoint an executor to carry out the instructions in your will and distribute your estate.

An executor has a very important role as they have a responsibility to arrange your funeral, complete legal documents to apply to the Supreme Court for a grant of Probate and distribute the estate to the beneficiaries. 

You can appoint more than one executor if you choose to.

A will must be:

• in writing
• signed by you, and
• witnessed by two other people.

You must have capacity at the time of making your will.

You can get a will prepared by a private lawyer or NSW Trustee & Guardian.

To find a private solicitor, you can call the Law Society of NSW on 02 9926 0333, search the Register of Solicitors or make an Online referral request. 

You can update your will at any time if you still have capacity. You should speak to your lawyer or NSW Trustee & Guardian about updating your will.

You should update your will if you:

• get married
• get separated or divorced
• have children
• have a change in circumstances.

It’s important to store your will in a safe place and let your executor know where it is located.

You can store your will with:

• your lawyer
• NSW Trustee & Guardian safe storage service.