Drafting a simple will
Drafting a will is a structured process — capacity assessment, instructions, drafting, review, and execution. This workflow covers the standard 8 steps for a simple will.
This is an 8-step workflow for drafting a simple will for an Australian client. It assumes a straightforward estate without complex trusts, business interests, or international assets. Use it as the standard process for everyday will-drafting matters.
Before you start
- Client identity verification
- Initial intake covering family, assets, and intentions
- Confirmation of testamentary capacity
The workflow
Verify identity and assess capacity
Verify the client's identity with photo ID. Assess testamentary capacity using the Banks v Goodfellow test.
Take detailed instructions
Cover assets, liabilities, beneficiaries, executors, specific gifts, residuary estate, and any unusual provisions.
Identify family provision risks
Identify any eligible persons for family provision claims. Discuss the risk and any strategy for minimising it.
Discuss superannuation and BDBNs
Discuss whether superannuation forms part of the estate and whether a binding death benefit nomination is appropriate.
Draft the will
Draft the will following the standard AU format — appointment of executor, specific gifts, residuary estate, signature blocks.
Review with the client
Walk the client through the draft. Make any changes and address any questions.
Execute the will
Have the testator sign the will in the presence of two adult witnesses, who also sign. Confirm execution requirements for the relevant state.
Store the original safely
Store the original will in the firm's safe custody or with a will registry. Provide the client with a copy.
What you will have at the end
A validly executed will that reflects the client's instructions, complies with state execution requirements, and is stored safely. The client has a copy and knows where the original is held.
Common issues
- Capacity not formally assessed and documented
- Family provision risks not discussed with the client
- Superannuation incorrectly assumed to form part of the estate
- Execution defects (witnessing errors)
- Original will misplaced
Run this workflow on a real matter
Quillio drafts AU wills in standard format from your inputs, checks for execution requirements by state, and helps document the file note for the capacity assessment. See /practice-areas/family-lawyers or start a free trial.
This workflow is for simple wills. Complex estates (trusts, businesses, blended families, international assets) require additional planning and should not rely on this workflow alone.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no sales call.
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