Can I prepare my own Will or use a do-it-yourself Will kit?

Preparing your own Will is not advisable. A Will must conform to strict legal requirements otherwise the Courts may decide it is not valid. If this is the case your assets will be distributed according to a pre-determined formula and not as you intended.

Anyone who is not legally qualified risks making a mistake, creating uncertainty or losing opportunities for good estate planning if they make a Will for themselves.

The precise wording of a Will is a specialised and important legal task. The ordinary meaning of words is not necessarily the same as their legal meaning. Ambiguous wording is extremely common in home made Wills and may result in substantial cost and delay in having the Supreme Court resolve the ambiguity.

A Will is an important legal document. It is therefore advisable to have your Will professionally drafted and ensure your wishes are properly recorded and carried out.

Where should I keep my Will?

Most people realise the importance of making a Will. However, a Will can only be used if it can be found when required. It is important to store your original Will in a safe place. It’s a good idea to tell someone close to you where your Will is stored. There have been many instances where family and friends were aware that a Will existed but they were unable to locate it when it was required.

If you make a Will with NSW Trustee & Guardian your original Will is held free of charge in a fireproof safe. You will receive a copy for your own records. This ensures your Will won’t be misplaced and is able to be easily located when required.

You can use the Wills summary below to prepare for a meeting to draft your Will.

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Q.1 What are your assets? For example, do you have an up-to-date record of all the property, investments, real estate and bank accounts that you own? Do you have personal items such as jewellery that you want to mention specifically? You may want to watch this 'Wills case study' video. 

Q.2 How do you want to divide up your assets? Do you want to give any special gifts? 

Q.3 Who are your beneficiaries? 

Q.4 Do you want to set up a trust for children or other family members who need care? For more information, go to NSW Trustee and Guardian information about trusts. 

Q.5 Do you need to make arrangements for your pets? Click here for the ‘Your pets and your Will’ booklet. 

Q.6 Did you want to give any money to charity? 

Q.7 Who do you want to appoint as your executor or trustee? Being an executor or a trustee can be a difficult and time consuming task. The NSW Trustee and Guardian's website has more information on the roles of executors and trustees.