Let’s start from the start!  A Will is a legally binding document that sets out who will receive your assets such as your children (if they are minors), your property and the possessions that you leave behind once you pass away.

Your Will names important people who will be part of the process to help finalise your Estate once you have passed away.  People such as who you have chosen to be your Executor, who is the person appointed that you want to be responsible for looking after your affairs.  As well as those that you have named to be your beneficiaries, who are the people you have chosen to share in the assets of your Estate upon your death.

An Online Will is exactly the same.  The only difference is that the time-consuming appointments with our solicitor are taken out until the very end, by doing it online.

Your time is precious and if you qualify for an Online Will, you have the opportunity to think about the hard questions in your own time and complete the document when you are ready, before meeting with our solicitors to sign off on the completed document.

Yes, Online Wills are legal.

Any valid Will is a Will that is in writing and signed by the person who made the Will, known as the Will-maker, and is signed in front of two witnesses who must also sign the Will.  There are a number of different formats that are able to be used to create a Will but it is important that the requirements of a valid Will are met.

Depending on your circumstances, Will’s don’t have to be complicated or complex documents.  While they are very important legal documents to have and also to maintain, they do not have to be difficult and our team is here to help every step of the way.

The short answer – everybody needs a Will, even those people that don’t think they actually need one.

If you’re over 18 years of age and have assets (including a superannuation balance or life insurance) then you should have a Will.  Once in place, it should be reviewed regularly, especially if any of the following events occur;

• Marriage
• Divorce
• Entering into a de-facto relationship
• Had children; or

Have seen some other significant changes to your family life, assets, structuring or business – then you should also review your Will to ensure those life changes are accounted for.

Important as they are, we understand that Wills are only one component of what should be much broader life planning – and that planning should begin as early as possible.

When it comes to making a Will official and ensuring that they are legally binding, there are two things that you need to consider when seeking to make sure it is valid:

1. That your Will is made in writing; and
2. That your Will is signed in front of two or more witnesses.

Your Will must be made in writing for it to be official – don’t think about the movies you have seen where you can have your final dying wishes filmed.  This does, however, make for great evidence in a dispute or when contesting an estate but in Australia, it is almost always a written document.

As well, your Will must be signed in front of two or more witnesses and these witnesses must not be those that you have named in your Will as beneficiaries of your Estate.  Your witnesses must also sign your Will in your presence.