A will says who receives your property when you die and who will deal with your estate. In Victoria you can make one if you are over 18 and have legal capacity. It must be in writing and signed in front of two or more witnesses, who can now watch over a video link in some cases. Getting married cancels an earlier will. If you die without a will, the law decides who inherits, not you.
Want help with yours? See our wills and estate planning lawyers page, or call 1800 776 529.
Who can make a will in Victoria
Anyone over 18 with legal capacity can make a will. If you are under 18, you can make a will if you are married, or with the court’s consent (Service Victoria).
Legal capacity means you are of sound mind, you know what a will is and you know what it does. Where capacity could later be questioned, for example because of illness or age, a report from a doctor made at the time you sign can help prevent a later challenge (Victoria Legal Aid).
Making a will, step by step
- List what you own and what you owe: your home, bank accounts, superannuation, shares, vehicles, business interests and debts.
- Decide who receives what: family, friends or charities, and who takes the rest of your estate.
- Choose an executor: the person or organisation you choose to carry out the wishes in your will. Choose someone you trust, and a second person in case the first cannot act.
- Think about children under 18: who you would want to care for them, and how any money for them should be held.
- Put it in writing and sign it properly: see the next section.
- Keep it safe: and tell your executor where it is.
Signing your will so it is valid
The rules are in the Wills Act 1997 (Vic). Victoria Legal Aid summarises them this way:
- the will must be in writing;
- you sign it in front of two or more witnesses;
- the witnesses sign it while you are present, or remotely using an audio visual link;
- it is a good idea to date the will when you sign it.
Signing over a video link. A witness does not have to be in the same room if one witness is a lawyer or a justice of the peace, the witness can see you sign, everyone signs on the same day, and the witness adds a statement that all the requirements have been met.
Signing in person. Where you and the witnesses are together, each page should be signed at the foot, using the same pen.
Who inherits if there is no will
Dying without a valid will is called dying “intestate”. The Administration and Probate Act 1958 (Vic) then sets a fixed order (Victoria Legal Aid; Supreme Court of Victoria).
| Who you leave behind | Who receives your estate |
|---|---|
| A partner | Your partner receives all of it, unless you also have children from another relationship (next row). |
| A partner, and children who are not your partner’s children | Your partner receives your personal belongings, a set amount called the statutory legacy ($591,390 for deaths on or after 1 July 2026; the amount changes each 1 July), interest on it, and half of what remains. Your children share the rest. A smaller estate goes to your partner. |
| Children, but no partner | Your children share the estate equally. |
| No partner or children | Your relatives, in this order: parents, brothers and sisters, grandparents, aunts and uncles, then cousins. |
| No living relatives | The State of Victoria. |
Different rules apply if you leave more than one partner. Without a will, your closest relatives who are entitled to share in the estate usually apply to the Supreme Court for letters of administration, so they can deal with it.
When your will stops working as you planned
- Marriage: marrying, or remarrying, cancels your will, unless the will clearly shows you were planning that marriage when you made it.
- Divorce: generally, your will then takes effect as if your former spouse had died before you.
- Separation: if you separate but do not divorce, your former partner will still receive what your will leaves them unless you make a new will.
- New will: a new valid will cancels your old one. It should say that you revoke all earlier wills.
- Codicils: a codicil is only for small changes. A codicil that contradicts the will or causes confusion may be found invalid, so a new will is usually the better choice.
Source: Victoria Legal Aid, Changing a will. Review your will after any of these events, and when you have a child, buy or sell property, or your relationships with the people in it change.
Where to keep your will
You have two official options in Victoria:
- The Supreme Court: a will can be deposited with the Registrar of Probates for safekeeping under s 5A of the Administration and Probate Act 1958 (Vic). There is a fee to deposit it and another to take it out, but no ongoing storage fee (Supreme Court of Victoria).
- State Trustees: its Victorian Will and Powers of Attorney registry stores wills and powers of attorney, free for anyone living in Victoria (Service Victoria).
A will is only part of the plan
A will works only after you die. If you lose capacity while you are alive, other documents do the work: an enduring power of attorney for financial matters, and the appointment of a medical treatment decision maker for health decisions. It makes sense to sign them at the same time as your will.
Common questions
Can I write my own will?
Yes, if it meets the signing rules above. State Trustees also offers an online will. A lawyer is worth it where you own a business, have children from more than one relationship, want to leave someone out, or hold property overseas.
Can I sign my will over Zoom?
Yes, if one witness is a lawyer or justice of the peace and the other conditions above are met.
Does my will still work after I separate?
Yes, until you divorce or make a new will, which means your former partner may still receive what the will leaves them.
What happens to my will if I marry?
It is cancelled, unless it shows you made it planning that marriage.
How we can help
We prepare wills, enduring powers of attorney and medical treatment decision maker appointments for clients across Melbourne, the Mornington Peninsula and Victoria. You can send us your will instructions online, call 1800 776 529, or use the enquiry form on our wills and estate planning page. We reply within one business day.
Written and reviewed by Radek Dajer, principal solicitor, Professional Edge Lawyers. Current at 9 November 2026.
This article is general information only. It is not legal advice about your situation, so obtain advice on your own circumstances before acting.
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