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Should I Make a Will Online?

Andrew Byrnes Law Group • Mar 13, 2022

As our lives are being lived increasingly online, it makes sense that Wills are created and written online too. Making a Will is not something that people have to do very often, so they may wonder if there is an easier way of doing it. The answer is simple: go online. There are many websites that can make writing a Will less complicated, which is good news because more than half of Australians don't have a valid Will.


In this blog post, we will explain why making an online Will is absolutely worth it and give you a general idea of how it works. But first, let's talk about the importance of a valid Will.

Why is a Valid Will important?

Before anyone is even born, legal documents for estate planning are being drawn up to ensure one's wellbeing after death. A Will is an estate planning document that gives directions on how you wish for your assets to be distributed when you die. The person who draws up the will is called the testator.


Many people still think legal Wills are only important for rich or famous people, but this could not be further from the truth. Every single person alive today should have a legal Will. There are many reasons why legal Wills need to be drafted before it's too late, including protecting one's wealth after death, taking care of children and pets left behind, and validating information about next-of-kin.


The first reason legal Wills need to be written is that there may be disagreements among family members on how property should be distributed and who gets what. If legal documents aren't written before death, legal battles can break out between family members and loved ones that may cost them more money than the estate is worth.


Legal Wills also provide protection for one's assets after death. These include real estate, bank accounts, valuable personal items, and much more. Not having a legal Will could mean that assets might not go to their rightful next-of-kin, but instead end up in probate court. This can result in additional costs and time spent on legal battles with no foreseeable reward. One common example of this is when someone dies without a legal Will and has children from multiple marriages with different last names. In cases like these, it would be difficult to sort out which children should inherit the left-behind property if any at all.


Finally, legal will protect one's family from bad actors or predators looking for a way into the estate. Without proper legal documentation, estate beneficiaries may not know who they can trust with certain important information about next-of-kin and where assets should be sent after death.


In order to avoid these situations and ensure that your legal will is valid upon death, you need to make sure that multiple copies are kept in a safe place, with one designated legal guardian that you've named for legal purposes. This legal guardian will assign legal representatives to your estate if they are not able to be present when death occurs.

What is an online Will?

Online Wills are legal documents similar to written Wills. However, instead of being drafted by hand or typed up on paper, they are formed with the aid of software programs designed for this purpose. Such Will may be created on a website of a law firm with a dedicated online Will writing platform. Just like traditional Wills, they must comply with the same general rules codified in state and federal laws.

How do I make a Will online?

All you need to do to write your own Will is simply visit a website that offers an online Will service and follow their instructions on how to make a Will online. The process of creating an online Will is usually straightforward, so there's no need to worry about getting lost. But here's a general idea of what to expect so you know what's coming.


The exact method of how to create an online Will widely varies from one service to the next, but most of them follow the same format where they require users to answer a questionnaire where they can type up their wishes in plain English and then their Will will be ready to print off at home. Some services offer joint will packages.


The information submitted by users are typically reviewed by licensed lawyers and other legal professionals hired by the online Will makers to reword the document and ensure that it is legally binding.


However, if you want to make sure that your Will is properly written and compliant with state and federal laws, consider going for an online Will service offered by an actual law firm, preferably one that is located in the same region as you. That way, you get to have peace of mind knowing that a real lawyer with knowledge about your state's laws is helping you prepare and complete your Will.


Besides, even if you create a basic Will using a free Will making service, you would still need to have it checked by a lawyer to make sure that no mistakes have been made and that your assets will be distributed exactly how you want them to be.

What are the advantages when you make a Will online?

There are many advantages to making a Will using an online Will writing platform. Let's have a look at two of the biggest ones:

Cost Effective.

The best thing about services that allow you to make a Will online is that they are much cheaper than traditional processes. Depending on the lawyer's fees and the number of hours involved, drafting a Will the traditional way can cost around $1000. But when you make a Will online, it's more cost effective and can potentially you save up to hundreds of dollars. Even the online Will services offered by an actual law firm are generally more affordable than the offline way of making a Will with lawyers.

Convenient & Easy.

Another advantage of making your own Will through a website is that you can create one based on your schedule and convenience. Normally, when making a Will the traditional way, the lawyers schedule office visits and ask you to bring over the documents in one or more visits. With an online Will, you can have your legally valid Will processed and sent to you without leaving the comfort of your home. You basically have more freedom and control over how you want the entire process to go.


It makes sense to go online for making Wills, especially considering how easy, affordable, and more convenient it is than offline processes.

Is an online Will valid in Australia?

In Australia, an online Will is considered legally valid if it meets certain basic criteria including:

a) The Will should be made intentionally by a person of sound mind
b) The Will should be in writing, whether handwritten or typed and printed out
c) The Will should be signed by the person making the Will, with the date of signing stated therein
d) The Will should be witnessed by two or more adults who are not beneficiaries named in the Will

So long as your Will meets the basic criteria listed above, it will be considered legally valid under Australia law. Just make sure to write down all the relevant details in your Will to make it as comprehensive as possible. Many online Will service providers have real lawyers on staff to check the validity of your Will and provide legal advice when needed.

Takeaway.

Online Will writing may help people who don't have time or patience to write a full-length Will or find the idea daunting, even if it's just a simple Will. Online companies often offer free advice and guidance on Wills which can be particularly helpful when people are unsure whether they are writing it correctly. These services can be very useful for someone who is feeling daunted by the prospect of writing a Will, especially if they have never done one before.


Feel free to do your own research about this topic before you make a decision. But there's no denying that online Wills are surely worth using rather than offline process, which takes more time and money.

Write Your Own Will with Andrew Byrnes Law Group.

People should always remember that making a Will online, from simple wills to complicated ones, is not as complex as it seems. But it's also worth noting that the Will must be written properly for it to be considered valid. So if you want to be sure that your Will is compliant with the laws, Andrew Byrnes Law Group will do all the hard work for you.


For a flat fee, you can get a legal Will prepared by a real lawyer from our firm. There are no hidden costs. Our Online Will Service is user friendly so writing down your Will should be a straight forward process. All you need to do is answer a questionnaire and one of our lawyers will get back to you to take you through your will. Whether it's a simple Will or a comprehensive estate plan, we've got you covered.

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