Updated 25 October 2026
CM Law's Ultimate 50 List: Making a Will #43 - Can a will be made online, and is it valid?
Back to the 50 most asked questions about making a will
Yes. A will prepared using an online service can be valid in NSW. What matters is whether the finished document expresses your wishes and satisfies the legal requirements, including proper signing and witnessing. Completing a questionnaire or downloading a PDF does not, by itself, complete that process.
Online drafting, electronic signing and remote witnessing are different things. A document prepared online and then properly signed on paper is not the same as an unsigned file saved to a laptop. Understanding that distinction can prevent a convenient drafting process from becoming a difficult probate dispute.
I see a lot of people prepare wills online but miss the requirements for completing the document and having it properly witnessed. They have written down who should inherit, but the form and the signing process still need attention.
My concern is that people may think the job is finished once the online form produces a will. I encourage them to check the completed document and the witnessing arrangements before putting it away. It is much easier to address a problem while the person can still explain and confirm their wishes.
What an online will service actually provides
An online service may offer a questionnaire, a downloadable template or a document reviewed by a solicitor. Those services are not interchangeable. Check whether individual legal advice is included, who reviews your answers and whether assistance with execution is provided.
Preparing information from home can be convenient, especially when organising names, assets and proposed beneficiaries. However, a completed template cannot confirm that the later signing ceremony occurred correctly. ASIC’s Moneysmart guidance recommends having a solicitor or Public Trustee check an online will kit.
The signing rules in NSW
Section 6 of the Succession Act 2006 sets out the ordinary execution requirements. The will must be in writing and signed by the will-maker, or by someone else in their presence and at their direction. The signature must be intended to give effect to the will.
The will-maker must sign, or acknowledge their signature, in the presence of at least two witnesses present at the same time. At least two witnesses must then attest and sign in the will-maker’s presence. The witnesses do not have to sign in each other’s presence, although completing the process together is a sensible practical approach.
NSW law does not require the signature to be at the end of the will. Nevertheless, using the document’s designated signing and witnessing sections helps create a clear record. Seek assistance where someone cannot sign, read or understand the document without support.
Choosing witnesses and avoiding common mistakes
Choose two independent adults who can see the signing and understand their role. Do not simply send the document to friends to sign separately without observing or receiving a proper acknowledgment of your signature together. Recording the witnesses’ names and contact details can help if evidence is needed later.
Avoid using beneficiaries as witnesses. Under section 10, a gift to an attesting beneficiary can fail, subject to statutory exceptions; the whole will is not automatically invalid. Someone being a trusted relative does not remove that risk. If a beneficiary has already witnessed your will, obtain advice about correcting the position.
Read the generated document from beginning to end. Check full names, executor appointments, substitute beneficiaries and what happens to the residue, meaning the estate left after debts, expenses and specific gifts. Make sure percentage shares are consistent and that blank fields or alternative clauses have been resolved.
Signing a document does not fix contradictory gifts or unclear instructions. Confirm that the wording matches your decisions, rather than assuming the software has interpreted every answer correctly. Avoid handwritten changes after signing without advice: later alterations may require their own formalities or a properly executed replacement will.
Can witnesses attend by video link
NSW permits remote witnessing through audio-visual link under Part 2B of the Electronic Transactions Act 2000. These arrangements are permanent, not merely temporary pandemic measures. The NSW Department of Communities and Justice explains the procedure.
The witness must observe the signing in real time, sign the document or an appropriate copy, be reasonably satisfied it matches the signed document and add the required endorsement describing the method and compliance with section 14G. The will-maker must also observe the witnesses signing, which can occur through the live link. The will’s other requirements still matter.
A casual video call or recorded video is not a substitute for following that procedure. Remote witnessing also does not automatically authorise electronic execution of a will. Do not assume that clicking an e-signature button makes a NSW will valid. Have a solicitor arrange the process and explain which originals, counterparts and endorsements must be retained.
Can a court accept an improperly executed document
Under section 8 of the Succession Act, the Supreme Court can recognise an informal document where the statutory requirements are established. The central issue includes whether the deceased intended the document to form their will. A draft recording possible wishes may be different from a document intended to operate immediately.
This is a safeguard, not a reliable substitute for correct execution. An application may require evidence from witnesses, correspondence and electronic records. If a document is not admitted, an earlier valid will may govern the estate, or intestacy rules may apply. It is incorrect to assume that the children automatically receive everything whenever a later document fails.
A real NSW case involving a computer document
In Yazbek v Yazbek [2012] NSWSC 594, the Supreme Court considered a Microsoft Word file called Will.doc found on the deceased’s laptop. His parents argued that he had died without a valid will.
The court examined the document, technical evidence about its creation and use, and the deceased’s statements about having a will on his computer. It found that he intended the file to operate as his will and admitted it under section 8.
This was an informal-will decision supported by evidence. It was not a decision that completing an online template, saving a file or typing a name automatically satisfies the ordinary signing and witnessing requirements.
When a template needs individual legal advice
Proper execution is only part of validity. The will-maker must have testamentary capacity, understand and approve the document, and make it freely. An online questionnaire cannot necessarily identify pressure from a family member or resolve doubts about capacity.
Individual advice is particularly useful for blended families, excluded relatives, vulnerable beneficiaries, business interests, overseas assets and proposed trusts. A professionally prepared will can still face a claim; the purpose of advice is to address your circumstances and reduce avoidable uncertainty.
Check which assets your will actually controls. NSW Trustee and Guardian explains that superannuation and some insurance benefits may sit outside the estate. Their destination may depend on separate arrangements rather than the names entered into an online will form.
Finish the process and keep the right document
Once the will has been properly executed, store the original securely and tell your executor where it is. Retain the complete execution record if remote witnessing was used. Keep copies for reference, but do not assume a scan always replaces the original for probate purposes.
Review the document after significant family or financial changes. Updating answers in an online account does not automatically amend an already executed will. Follow the correct process for signing a new will or codicil, and obtain advice before destroying an earlier document if there is uncertainty.
Speak with CM Lawyers
Our wills and estates team can review an online will, advise on its wording and arrange appropriate signing and witnessing. Contact CM Lawyers on (02) 9557 9000 or email lawyers@cmlaw.com.au. Our office is at Level 3, Unit 3.07, 18–30 Faversham Street, Marrickville NSW 2204.
This article provides general information about NSW law and is not a substitute for legal advice about your circumstances.
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