Online Wills for Simple Estates: Who Should (and Shouldn’t) Use Them
Online wills have become increasingly popular in Australia, offering convenience and cost savings for straightforward estate planning. However, they are not suitable for everyone. Understanding who can safely use online wills, their legal validity, and potential risks is essential to ensure your wishes are carried out effectively and in compliance with Australian law. What Is an Online (Digital) Will? An online will, also called a digital will, is a legal document created using an online platform rather than through a solicitor. These platforms guide users through the estate planning process by asking questions about: Once completed, the will typically must be printed, signed, and witnessed by two eligible witnesses to be legally valid in Australia. How Online Wills Work in Australia The process of creating an online will generally involves: Following these steps carefully ensures the will is legally enforceable. Legal Validity of Digital Wills Under Australian Law Online wills are legally recognised in Australia if they meet the following formal requirements: Non-compliance with these requirements can result in a contested or invalid will. When Online Wills Are Legally Acceptable Online wills are generally suitable for simple estates, where: In such situations, online wills provide a practical and affordable estate planning solution. Who Should Use Online Wills Online wills are ideal for: Proper execution is essential to ensure legal validity and prevent disputes. Who Should Avoid Online Wills Online wills are not suitable for: In these cases, a lawyer-drafted will provides personalised advice, clarity, and legal protection. Risks and Limitations of Online Wills Being aware of these risks helps you make informed decisions when choosing an online will. Differences Between Online Wills and Lawyer-Drafted Wills Lawyer-drafted wills offer: Online wills prioritise convenience and affordability, making them suitable only for uncomplicated estates. Common Legal Mistakes With Online Wills These errors can compromise the will’s validity and create difficulties for executors and beneficiaries. Practical Example Sophie, a young professional with modest assets, uses an online will to appoint her executor and distribute her estate. Proper signing and witnessing ensure her will is legally valid. In contrast, David, who has a blended family and owns a business, creates an online will without legal guidance. Ambiguities lead to disputes, highlighting the importance of legal advice for complex estates. Final Thoughts and Disclaimer Online wills are a practical solution for simple estates but are not suitable for everyone. Knowing when they are appropriate, understanding their limitations, and following proper execution steps is essential to ensure your estate plan is effective and legally enforceable. This article provides general information only and does not constitute legal advice. Consult a qualified Australian estate planning professional for personalised guidance. FAQs Are online wills legally valid in Australia? Yes, online wills are legally valid if executed correctly—signed by the testator and witnessed by two eligible witnesses. Compliance with Australian law ensures enforceability and reduces the risk of disputes. Who should use online wills? Individuals with simple estates, clear beneficiaries, and minimal risk of disputes are suitable candidates for online wills. Proper execution is essential to ensure legal validity. Who should avoid online wills? Those with complex estates, blended families, high-value assets, trusts, business interests, or international property should seek professional legal advice instead of using online wills. What common mistakes do people make with online wills? Mistakes include incorrect signing or witnessing, vague clauses, failing to revoke prior wills, and not appointing the right executor or guardian. These errors can create complications during probate. How can I make an online will legally enforceable? Ensure the will is properly signed, witnessed by two eligible individuals, and stored securely. Inform your executor of its location and update it after major life events to maintain legal validity.









