The short answer is Yes you can, as long as your Will meets the legal requirements of a valid Will as set out in section 6 of the Succession Act (NSW)
Under s 6 of the Succession Act 2006 (NSW), a Will is valid if:
- it is in writing;
- it is signed by the will-maker, or by another person in the will-maker’s presence and at their direction;
- the signature is made or acknowledged by the will-maker in the simultaneous presence of at least 2 witnesses; and
- at least 2 witnesses attest and sign the will in the will-maker’s presence.
Do It Yourself (“DIY”) Wills are often deemed to be invalid due to the following issues;
- incorrect witnessing;
- a beneficiary acting as a witness;
- unclear drafting;
- failure to deal with the residue of the estate;
- ambiguity about executors, substitutes, or gifts;
- alterations made after signing; and
- doubts about capacity, knowledge and approval, or undue influence.
In conclusion, a DIY Will can be valid in NSW, but only if it complies with the statutory execution requirements and is otherwise a genuine testamentary document made with capacity and intention. The principal risk is not that DIY Wills are automatically void, but that they are far more likely to generate uncertainty, probate requisitions, or litigation if there is any defect in execution or drafting.
To avoid any uncertainty it is best you have a solicitor draft your Will to ensure it is valid and meets legislative requirements. If you or someone you know requires assistance in updating your Will please contact us today on 02 4627 3333.
This article was published on 08/04/26 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
