Page Text: Frequently Asked Questions
Is an online Will legal?
Yes, an online Will is the legal equivalent of any other Will, as long as you make sure that it is printed out at the end of the process, and it is correctly signed and witnessed. You can also feel secure knowing that your purchase with Willed includes a free review of your Will by our in-house Australian lawyers.
What do I need to write my Will?
You don’t need any specific documents to write your Will. Just access to a printer and two independent witnesses to sign the document once completed to ensure it is legally valid.
Will a new Will cancel my old Will?
Yes, a new Will (as long as it is signed and witnessed correctly) will revoke a previously made Will.
When should I update my Will?
You should review your will every three to five years, whenever there is a major event in your life or where there are significant changes to the assets and liabilities compromising your estate. For example, you should update your will (by rolling-out a whole new will) in the following circumstances:
if you change your name, or anybody named in the will changes their name;
if an executor dies or becomes unwilling to act as executor or becomes unsuitable due to age, ill health or any other reason;
if a beneficiary (someone who has been left something in the will) dies;
if you have specifically left assets to your beneficiaries which you subsequently sell or give away or put in trust or into a partnership or which changes its character;
if you marry, separate or divorce; or if you have children (including adopted or foster children);
if you enter or end a de facto relationship;
changes to the taxation or social security laws.
For example, if you specify child beneficiaries in your will and you subsequently have children, those newly born children would be excluded from your will.
Who can sign my Will?
A Will must be signed by at least two witnesses who are over 18 years of age, mentally competent and be able to see the Willmaker sign the Will. A witness should not be an executor or beneficiary under the Will or the spouse or de facto partner of an executor or beneficiary under the Will.
Can I sign my Will electronically?
While some estate planning providers allow a will to be signed electronically, the Willed Platform does not permit electronic execution of a will as this may invalidate the will because the formality obligations have not been properly complied with. A person who does without a valid will dies intestate.
The Electronic Transactions Act 1999 (Cth) and equivalent State and Territory legislation permit most commercial contracts, agreement and arrangements to be signed electronically, provided certain formalities are met. However, wills cannot be validly signed or witnessed using electronic signatures because the Probate Office of each Supreme Court requires an original (‘wet-ink’) of the will before approving a Grant of Probate.
Can I use Willed to write a joint Will?
No, the Willed platform does not permit a couple to write a joint Will. However, we do offer a couples discount when you purchase two individual Wills.