The Good Real Estate

Frequently Asked Questions on Writing Wills Online Answered!

Several questions are making the rounds about creating wills online and establishing their validity. Moreover, it is essential to have a round-up article that addresses some of your primary concerns about creating wills online. For instance, what is a will, and why do you need to write one? What makes a will legally binding on anyone? What if I have no substantial assets? Can you still draft a will? Is it possible to complete the entire will creation process online without physical appearance?

What is a Will, and why do you need to create one online?

A will is a legal document showing your wishes as a testator/author regarding the distribution of your assets and online will. It spells out who gets what in your assets, including spouses, children and pets. However, if anyone dies without a will, the support may end up divided among sampled family members according to the intestacy laws. In such a case, no one, not even the deceased unspoken wishes, can influence the process. 

As a result, the absence of a will implies that there is no guarantee that your wishes can ever be carried out. It also means that your family members may not be cared for with your assets, and your dependents may lose access to your assets after your demise. Who are the people that should consider creating wills online?

Related: Creating wills online: What if no one can find your will?

An adult who 

  • Possess any form of Assets
  • Has Children
  • Is married or in a de-facto relationship, separated or divorced
  • Is in a same-sex relationship
  • Has pets
  • Has a blended family
  • Travels or is about to have a surgery

How can I make my Will legally binding?

A will is not only about writing; some formal conditions must be met to validate a will. In other words, the Will is not yet a legally binding document unless it adheres to the following rules or formalities

  • A will must be written
  • The testator must duly sign a will in the presence of two witnesses who are physically present with him. At this point, all the parties may preferably use the same pen to append their signatures. In addition, both witnesses must be older than 18 years of age, must have a sound mind and understand the English language
  • The testator or the will maker with the two witnesses must append their signatures at the bottom of each page, especially the last page of the Will.
  • None of the witnesses can be an executor or beneficiary in the Will
  • After signing the Will, there is no more room to alter anything within the document.

How can I change my Will after signing?

If you still wish to change the contents of your Will after the signing, it is a complete recreation of the validation process. We acknowledge that things may change, and life may as well change. If your Will has been 3 or 5 years old, you may have acquired new properties within that time that requires an update on the Will. Moreover, significant changes may also happen in your life, such as getting married or giving birth to a child. 

These activities add an extra person to the family and deserve a portion of your assets. At Chamberlains, we allow our clients to update their subscriptions annually as an opportunity to change their legal documents if they wish. After every edit, the author can download the new document instantly. Your new Will copy becomes active as soon as you append your signature and that of the two witnesses. 

Can I sign my Will electronically?

Unfortunately, the Probate Office of the Supreme Court requires the use of an original “wet ink” on the Will before they grant Probate on it. as a result, the testator and the witnesses can use an electronic signature on the Will if it is valid. The originality of the signature may even be the test of the validity of some wills. 

Do I need a will if I don’t have any assets?

Even if it appears you don’t have any worthwhile assets, you should still create a will using an online platform. The primary reason is that your estate may later be worth some substantial benefit in the future or even through an insurance or superannuation policy. But without writing a will, you may miss out on such benefits and value. Also, your children or spouse may not have any assets in case of the death of either parent.

Who can see a copy of my Will?

There is also a need to include a list of entitled persons in your Will; each person should have a copy of the Will. This person could be your next of kin, executor, lawyer or trustee. In Australia, if the deceased has an estate, some of the entitled persons may include

  • Any person that is mentioned or referred to in a previous version of a will
  • A person that is a beneficiary or otherwise in the latest version of a will
  • A parent or guardian of the deceased
  • A spouse/de facto partner or any surviving child of the deceased
  • Any person with a claim against the estate of the author
  • Anyone that is entitled to a part of the estate on the death of the deceased without a Will

What is a family provision claim?

A family provision claim is a legal document that a family can use to challenge cases where a beneficiary feels something is left out of the Will. The family provides this document and states a part or more significant portion of the deceased person’s estate in court. However, before a beneficiary can make a family provision claim, he must meet the following criteria

  • Fit the requirements of an ‘entitled person’ in the eyes of the court
  • I have the feeling that he did not get the due entitlements or has been left out of the will completely
  • File a claim on his unpaid entitlement in the assets within 6 to 12 months after the testator’s death.

The court’s decision depends on the Succession Act of the state or territory of the testator. Moreover, the claimant must ensure that he files a claim before the court passes the injunction on the Probate. 

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