Making a valid Will is essential to ensure all your affairs are in order, should anything happen to you. More than 50% of adult Australians do not have a Will. There are a number of reasons for this, including not knowing where to start, not having a relationship with a lawyer or thinking they do not have assets to justify making a Will. Anyone over the age of 18 can and should have a Will in place.
A Will has the important purpose of providing for your loved ones, specifying how your assets are to be distributed, determining who is responsible for the management of your estate and appointing guardians of minor children.
If you pass away without a will, it is called dying intestate. There is legislation which determines how your estate will be distributed if you die without a Will. In the ACT, intestacy is legislated under the Administration and Probate Act 1929, and in NSW it is the Succession Act 2006. Both of these Acts specify that immediate and close family would receive your estate if you die without a valid Will. This means that if you had any close friends or charities you wished to leave part of your estate to, they would not receive anything.
Want to know how to make a Will online? Our expert team at Baker Deane and Nutt Lawyers have created an easy way to make a simple, concise and cost-effective Will, which can be done anywhere, at any time.
Can I Create a Will Online?
Yes! While it may seem like a futuristic and technologically advanced method, it is a very simple process. With our Online Will kit, you can easily provide your instructions. Our lawyers will then put this information in the correct and legal format for a valid Will.
All you need to do to create a valid Will online is be over the age of 18 and have access to a computer and the internet. It is secure and saves time on arranging meetings with lawyers. All you have to do is specify your wishes and sign the document.
A lawyer will also review the Will and provide further advice on its effect and how to execute it so it becomes a legal document.
What is an Online Will Kit?
An Online Will Kit is a virtual tool which can be accessed through our website that collects the relevant material and your instructions to create your valid Will.
Our Online Will Kit will take you through a series of basic questions about you and your final wishes to form the Will. The online form then puts your information into the Will.
How to Make a Will Online: Step-by-Step Process
Learn the best way to create a Will online below.
1. Go to our website
Firstly, you will have to go onto our website and click on ‘start your Online Will Kit today’.
From here, there is some important information about making a Will. It will also explain the things you will need to consider regarding your estate including your assets and belongings, who you wish to be your executor and alternative executors.
2. Enter your email address
You will then put in your email address so that the lawyer can contact you when the will has been generated.
3. Fill in the questions
To draft your Will online, you will be required to put in your personal information including your full legal name, address and relationship status. Relationship status is important as when you get married, your Will becomes void unless a particular clause is written into the will. It is important that this is written properly so the Will remains valid if marriage takes place.
After naming your relationship status and partner (if any), it will ask about children and whether they are under the age of 18. You can then later nominate someone where to be the guardian of your minor children.
You may also like to wish to nominate what will happen with your remains. Here, you can select whether you would like your organs to be donated if they are able, and whether you would like the be buried or cremated. If you are donating your organs you must be sure that you have registered on the Australian Organ Donor Register as well.
From here, you then get to nominate an executor. This is the person who is in charge of distributing the estate. Most people choose to nominate their partner as they are usually the closest and most trusted person to them. It is always important to have a backup executor though, someone who can act in the alternative if something happens to your partner. You may nominate up to three alternative executors.
Once you have nominated your executors, you will be asked if you want to leave any specific gifts to individuals or charities. The specified gifts will come out of your estate first. The remainder of the estate then gets divided up between your nominated beneficiaries.
You may like to leave the entire estate to one person in the first instance, such as your partner, and if anything has happened to them it can be left to another or number of other beneficiaries. You may also nominate an age to which your beneficiaries are to receive the estate. By law, a beneficiary must be 18 before they inherit the full amount, however, you may change that if you wish.
If you pass away leaving minor children, you are able to nominate the guardian of those children. This may be the children’s other parent, another family member, or a close friend who you trust.
4. Submit your Will.
Once you complete the online form, you can submit it. There is an option to retry and make any amendments necessary. Once your will has been submitted, it goes to a lawyer for review. We can then schedule an in-person appointment to finalise your Will.
Benefits of Drafting a Will Online
To draft and prepare your will online, all you need is access to a computer and internet! This saves time on creating multiple appointments with a solicitor and working out times to give your instructions.
The Online Will kit is more convenient as you can do it from home at any time you like, and you will only be required to make an appointment when it comes time to go through it with a lawyer and sign the document to execute it.
If I make a Will online, will it be legal?
Yes! An Online Will Kit is just an easy and secure tool to get your instructions in a time effective manner. Our group of friendly Will experts will be able to double check everything is valid and legal before you execute the document.
This is important as if your will is invalid, your loved ones may have to go through a more rigorous legal process to ensure your final wishes are met, which can be very time consuming and expensive.
How does an Online Will Kit compare to a Post Office Will Kit?
There are many advantages to drawing up a Will Kit online as opposed to the style you can get from the post office. When you use our services, a lawyer will look over the document before it is executed. A post office will has no legal support and can often be executed incorrectly as there is no guidance. It is extremely important to seek legal advice to ensure your will is valid.
This is to ensure that it has been made correctly and will withstand the test of time. It will also ensure that the Will has been executed correctly and is valid.
Make a Will online in under 15 minutes with BDN Lawyers
Now that you understand how to make a Will online, you can get started. Our friendly team of expert lawyers are available to assist and help you execute your Will. Baker Deane and Nutt are your trusted Wills and Estates lawyers based in Canberra and Queanbeyan.
We are available to assist with all your queries and ensure you have the right estate planning documents in place. To create your Will efficiently and cost-effectively, start your Online Will today.