Legal documents and wills
Clear documents prevent most disputes before they start, and a will makes sure what you've built goes where you want. Here's the short list most small businesses need and the easy ways to get them done.
This guide includes links to providers. Some are affiliate or referral links and we may earn a commission if you sign up, at no extra cost to you. Providers marked "We don't earn a commission" pay us nothing. Affiliate disclosure.
Documents most small businesses use
- Terms of trade or service agreement: payment terms, scope, liability
- Quotes and invoices with clear terms
- Employment contracts and contractor agreements
- Website terms and privacy policy
- Non-disclosure agreement (NDA) for sharing ideas
- Shareholders or partnership agreement if you're in business with others
business.gov.au has free templates and tools (opens in a new tab) to get started. For anything high-stakes, a lawyer's review is money well spent.
Why business owners need a will
A will sets out who receives your assets and who manages your estate. For business owners it's also a chance to think about succession: who can run or sell the business, and how. Note that some assets don't pass under a will, such as assets held in a family trust and, often, superannuation, so complex setups are worth discussing with a lawyer. Online wills can suit straightforward estates.
Tools to consider
Listed in no particular order. This isn't every provider in the market, so compare a few and check current pricing and terms on each provider's site.
Lawpath
Legal document templates, company registration and lawyer access
Good for: Small businesses needing everyday contracts
Lawpath offers a library of Australian legal document templates you customise online, plus company registration and access to lawyers for advice when you need it.
Worth knowing
- Large range of business templates
- Subscription costs add up if you only need one document
- Complex matters may need a dedicated lawyer
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Safewill
Online wills
Good for: Australians with straightforward estates
Safewill is an Australian and New Zealand online will service. You answer guided questions to create a will online, then sign and witness it as instructed for it to be valid.
Worth knowing
- Done online in your own time
- Follow signing and witnessing instructions exactly
- Complex estates, trusts or business succession may need a lawyer
We may earn a commission if you sign up through this link. Disclosure.
Free official resources
Common questions
Are online legal templates enough?
For routine, low-risk documents they can be a practical start. For high-value contracts, disputes or unusual situations, get a lawyer to review.
Is an online will legally valid?
A will is valid when it's signed and witnessed according to the law in your state or territory. Online services provide instructions; follow them exactly.