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Online wills: are they legally valid?

04 December 2023

Guide Wills

Are Online Wills legally valid?

Any valid will is one that is in writing and signed by the will-maker in front of two witnesses, who must also sign the will. There are many formats that can be used to create a will, so it is important that the requirements of a valid will are met. For example, many of our clients are not aware that they can make a simple, legally valid will online themselves.

 

In fact, using an online will is a great way to save time, money and effort in ensuring that your wishes are carried out after you die. However, an online will is not ideal for those who have complicated circumstances such as receiving foreign incomes, being a part of a blended family and getting married or divorced soon. You can check out what type of will is right for you here.

 

If you go down the path of an online will, there are just a few requirements you will need to meet in order to ensure the will is valid. Let’s take a quick look at what makes a will valid, and what you can do to ensure you’re hitting those marks.

What makes a will valid?

Wills do not have to be overly complex documents. Whilst they are important legal documents, they do not have to be difficult. However, there are two things you have to consider when seeking to produce a valid will using an Online Will product.

The first is simply that you have made your will in writing. You might have seen films and TV shows that have used videos recorded by the deceased to communicate their will. These might apply in other countries (or might be used as evidence in a dispute) but a will in Australia is almost always a written document.

The second is that your will is signed in front of two or more witnesses. These witnesses must not be beneficiaries, and must sign your will in your presence, in effect stating that they have verified that the will you’ve created represents your wishes. It is also important that each signatory, including yourself, notes the date of signing.

 

Get started with State Trustees

Creating a will that reflects what you want for your loved ones, friends and the people you care about doesn’t have to be a battle. State Trustees is here to help you produce a clear and valid will. Our Online Will is a product backed by over 80 years of experience, and makes producing a will fast, easy and affordable. To learn more, head to our Online Will page and take a look at what we can do to help you quickly and reliably write your own will. For any questions you might have, do not hesitate to reach out to us by calling 1300 138 672 or fill out a contact form today.

 

Useful resources

Guide

Will writing guide

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Checklist

Executor checklist

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Guide

8 reasons to update your will

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State Trustees Limited operates on the lands of Traditional Custodians. We acknowledge their history, culture and Elders past, present and emerging. State Trustees is committed to cultivating inclusive environments for staff and clients. We celebrate and value people of all backgrounds, genders, sexualities, cultures and abilities.

Original artwork ‘Four Sisters Coming Together’ by Melissa Bell 2023