The short answer: not always, but sometimes yes.
Whether you need a lawyer depends on your circumstances. A simple estate with straightforward wishes can often be handled without one. A complex situation with potential disputes, blended families, or significant assets usually requires professional guidance.
When You Probably DON’T Need a Lawyer
You may be able to prepare your own will if:
- Your wishes are straightforward (everything to spouse, then children)
- You have a simple family structure (no previous marriages, no estranged relatives)
- Your assets are uncomplicated (home, savings, super — no business interests or trusts)
- No one is likely to contest your will
- You’re in good mental health with no capacity concerns
- You’re comfortable following instructions carefully
In these situations, a well-designed will kit or online service can produce a legally valid will at a fraction of the cost of a solicitor.
When You SHOULD See a Lawyer
Professional legal advice is strongly recommended if:
Family Complexity
- You have a blended family (children from different relationships)
- You’re in a de facto relationship (especially a recent one)
- You want to exclude someone who might expect to inherit
- There’s a family member with a disability who receives government benefits
- Family relationships are strained or there’s potential for disputes
Asset Complexity
- You own a business or partnership interests
- You have assets overseas
- You have significant investments or multiple properties
- You want to set up a testamentary trust
- You have complex superannuation arrangements
Special Circumstances
- You want to include conditions on inheritance
- You’re concerned about a beneficiary’s spouse or creditors
- There’s potential for someone to challenge your will
- You’ve been diagnosed with an illness that may affect capacity
- You’re updating a will after a major life change (divorce, remarriage)
Peace of Mind
- You simply want to know it’s done right
- The cost of legal advice is small relative to your estate
- You’d sleep better knowing a professional checked it
The Cost Comparison
| Option | Typical Cost | Best For |
|---|---|---|
| DIY will kit | $30-50 | Very simple estates |
| Online will service | $150-300 | Simple to moderate estates |
| Solicitor (simple will) | $300-600 | Simple estates wanting certainty |
| Solicitor (complex will) | $600-2,000+ | Complex estates, trusts, potential disputes |
Compare this to the cost of a contested will: $35,000 average in legal fees.
The Middle Ground
Many people benefit from a hybrid approach:
- Prepare your information using online tools or guides
- Draft your wishes clearly before meeting a lawyer
- Get a legal review of your draft or have a lawyer prepare the final document
This way, you’re not paying solicitor rates for information-gathering. The lawyer focuses on what they do best: ensuring your will is legally sound and properly structured.
What a Lawyer Actually Does
When you engage a solicitor for your will, they:
- Assess your situation for risks you might not see
- Ensure correct legal language and structure
- Witness and supervise proper execution
- Advise on related documents (power of attorney, etc.)
- Store your will securely
- Provide evidence of your capacity if later questioned
Questions to Ask Yourself
Before deciding, consider:
- Would anyone be surprised or upset by my wishes?
- Do I have assets that are complicated to divide?
- Is there any chance someone might challenge my will?
- Am I confident I understand the legal requirements?
- What’s the cost of getting it wrong?
If you answered “yes” to questions 1-3, or “no” to question 4, professional advice is worth considering.
The Bottom Line
You don’t legally need a lawyer to make a will in Australia. But “legally valid” and “practically effective” aren’t always the same thing.
A will that’s technically valid can still:
- Be successfully contested
- Create unintended tax consequences
- Fail to protect vulnerable beneficiaries
- Cause family conflict
The question isn’t just “do I need a lawyer?” — it’s “what are the consequences if something goes wrong?”
For many people, the peace of mind of professional advice is worth the cost. For others with genuinely simple situations, a well-prepared DIY will is perfectly adequate.