Thinking about the future isn’t always easy, but making a Will is one of the most important steps you can take to protect you and your loved ones. If you’ve ever wondered what a Will is or felt unsure about how to make a Will and testament, this guide will walk you through the essentials, step by step.

A Will ensures your wishes are respected and your assets are distributed the way you intend. Without one, state laws decide who inherits, which may not align with your personal wishes.

So let’s take you through what a Will is, and how to get one made.

What is a Will?

A Will (sometimes called a 'last Will and testament') is a legal document that sets out:

• How your assets Will be distributed (property, savings, investments, personal belongings)
• Who Will manage your estate (the executor)
• Guardianship arrangements for minor children
• Any specific wishes (such as funeral preferences or charitable donations)

Wills must comply with state and territory laws. Generally, they must be written, signed and witnessed by two independent adults to be valid.

What should you include in your Will? 

Personal details

Start by clearly identifying yourself to avoid any confusion. Include:

• Full legal name (and any previous names)
• Current address
• Date of birth
• Statement revoking previous Wills

Appointment of an executor

Your executor is the person responsible for carrying out your wishes, they will manage your estate, pay any debts and distribute your assets.

Tips:

• Choose someone trustworthy, organised and over 18. You can appoint more than one executor (e.g. two children or a family member plus a lawyer).
• Always confirm they’re willing to act.

Beneficiaries

List who will receive your assets, and in what proportions. These might include your spouse, children, relatives, friends or charities. Include:

• Full names and relationships
• Specific items or percentages of the estate
• Backup (contingent) beneficiaries, in case someone passes away before you

Specific gifts or requests

You can leave particular items or sums of money to specific people or organisations. Be as detailed as possible (include serial numbers, addresses or account details where relevant) to avoid disputes or confusion. 

Your residuary estate

This covers everything left over after specific gifts, debts and taxes are handled. It’s often the largest part of your estate. This is usually split between multiple beneficiaries (e.g., 'in equal shares to my children').

Guardianship of minor children

If you have children under 18, you can nominate a guardian to care for them if both parents pass away. Include:

• The full name and relationship of the guardian
• A backup guardian if the first choice cannot act
• Any special wishes (e.g., schooling or living arrangements)

Funeral and Burial Wishes

While not legally binding, including funeral preferences can reduce stress for your family and guide them during a difficult time. You can include:

• A set budget to spend on the funeral that comes out of your estate 
• Burial vs. cremation
• Preferred location (e.g., next to a spouse or in a family plot)
• Type of service or donations instead of flowers

Digital Assets and Online Accounts

Digital assets are increasingly important. Include access instructions or details of how you want online accounts handled.

Tip: Keep passwords separately in a secure location (aka not written directly in the Will). 

Business Interests or Shares

If you own a business, company shares or are in a partnership, specify how those interests should be managed or transferred.

Consult a lawyer for business-succession planning to ensure these instructions align with company or trust structures.

Charitable Gifts

Many people often choose to leave a lasting legacy by donating to charities or community causes.

Optional Clauses

Depending on your situation, you might also include:

• Trust provisions for children or dependents
• Pets (appointing someone to care for them and setting aside funds)
• Loan forgiveness (if family members owe you money)
• Tax and superannuation directions, with professional advice

Why having a Will matters

• Clarity: Reduces the risk of disputes between family members.
• Security: Ensures children and dependents are cared for.
• Control: Lets you choose who inherits and in what proportions.
• Protection: Helps safeguard assets against unintended claims.

Without a Will, your estate is divided according to intestacy laws, which can cause delays, costs and conflict.

How to make a Will 

If you’re asking how to make a Will, here are the key steps:

1. Find a Will and testament lawyer to make and deliver the will. 
2. List your assets and debts Include real estate, bank accounts, superannuation, vehicles and personal items.
3. Decide on beneficiaries. Specify who will inherit what - whether family, friends or charities.
4. Write and sign the Will. Your Will must be in writing, signed by you, and witnessed by two independent adults. This can most often be organised by your assigned will and testament lawyer.
5. Store it safely. Keep your Will in a secure place and tell your executor where it’s located.

How to make a Will with Professional Help

While it’s possible to draft a Will yourself, mistakes or unclear wording can make it invalid. That’s why many people choose to work with legal professionals.

Through Bark, you can connect with experienced Will and estate planning lawyers who can ensure:

• Your Will is legally valid in your state
• Your wishes are clearly expressed
• Complex estates (blended families, businesses, trusts) are managed correctly
• Executors and beneficiaries are protected from unnecessary disputes

A Will is more than just paperwork, it’s peace of mind. Knowing what a Will is and how to make a will and testament ensures your family is protected, your wishes are respected and your legacy is secure.