How it works
The State Trustees Will Kit is an Australian legal Will template prepared by State Trustees, the trusted experts who have written over 100,000 Wills. It helps people with straightforward circumstances create a convenient and affordable legal Will.
What you get
Will template: A legally valid template to make your own Will with step-by-step instructions
Will Planning Guide: To help you plan your will.The Will Kit explains the important aspects of a Will, like nominating your Executor and beneficiaries and specifying guardianship for your children. A sample Will is also included for your reference.
Comprehensive Templates: The Will Kit has comprehensive templates to help you take an inventory of your assets and debts, and Will Notes to help you structure your Will.
What effect does marriage have on my existing Will?
Generally speaking, when you get married, any existing Will is automatically revoked and no longer valid.
Refer to page 10 in the Will Planning Guide in the ‘Marriage, Divorce and Separation’ section under ‘Things you should know’ for further information.
What effect does divorce have on an existing Will?
Except in Western Australia, divorce does not revoke a Will but cancels any provision in favour of the former spouse, so that if you divorce after you make your Will, it cancels any gift to the former spouse, and revokes the former spouse’s appointment as executor, trustee or guardian in the Will.
Refer to page 10 in the Planning Guide in the ‘Marriage, Divorce and Separation’ section under ‘Things you should know’ for further information.
Both my partner and I want to make our Will. Do we need two separate Kits?
Yes, in Australia, people are required to make individual Wills (regardless of their domestic or marriage arrangement) meaning you and your partner are required to individually execute a Will.
What happens if I don’t make a Will?
If you don’t have a Will, State and Territory laws says who will benefit from your estate. This is done by using a legislative formula – it can mean that your property and possessions might not be distributed as you would have wanted.
Why do I need a Will?
Having a clearly written and up-to-date Will is important as it:
- helps ensure your property and possessions are distributed the way you want;
- outlines who you want to benefit from your estate;
- reduces potential conflict after your death;
- helps your Executor understand how you would like your affairs managed
Who can make a Will?
If you are over 18 years of age and have testamentary capacity (meaning you have the mental ability to know and understand what you are doing and why), you can make a Will. You can also make a Will if you’re under 18 years of age and are either married (or previously married), or have the consent of the court.