Frequently Asked Questions

A Will is a legally binding document which spells out your wishes regarding the distribution of your assets and the care of any of your minor children and pets. In the event you die without a Will, your assets will be divided between family members according to intestacy laws and you will have no say. In the absence of a Will, there is no guarantee that your wishes will be carried out and that your minor children will be cared for by family members who you would wish to raise your children.

Any adult person who:

• has assets;
• has children;
• is married, in a de facto relationship or recently separated or divorced;
• is in a same sex relationship;
• has a blended family;
• owns pets;
• is about to travel or have surgery,

should consider creating a Will.

A Will is not legally binding unless all of the proper formalities have been strictly complied with.

To be legally binding, a Will must adhere to the following formalities:

• the Will must be in writing;
• the Will must be signed by the willmaker in the presence of two witnesses;
• the two witnesses should not be named in the Will and must be present at the time of signing. Both witnesses must be over 18 years of age, of sound mind and be able to understand the English language;
• the willmaker and witnesses must sign on the bottom of each page and on the last page of the will, preferably with the same pen; and
• no writing or alteration should be made on a Will after it is signed.

You shouldn’t write or alter Will after it is signed and the two witnesses should not be an executor or beneficiary under the will.

Even if you believe you have no assets, it is still worthwhile creating a will because your estate may be entitled to substantial benefits under an insurance or superannuation policy. Furthermore, without a will, you will have no say over who cares for your minor children after you and your partner die.

Life changes, and so should your Will. It’s important to regularly update your Will every 3 - 5 years, or any time you experience a significant change in your life like getting married or divorced, the birth of a child or addition of a new family member or a change in your assets.

At Willed, we provide an optional annual subscription which allows you to make updates or changes to your legal documents in just minutes. All you need to do is log into your account, update the relevant section and you will be able to download your new document instantly. Once signed in the presence of two independent witnesses, your new Will is legally binding.

Our subscription is just $15 per year for unlimited updates to your legal documents. When you write your Will with Willed, you automatically receive unlimited updates for the first 12 months.

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.

Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who:

• can apply for Letters of Administration; and
• receives the assets of the deceased’s estate.

This is known as the 'rules of intestacy'.

The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative.

The Court will usually grant administration to the following ‘next of kin’ (in order of priority):

• the spouse or de facto spouse of the deceased;
• spouse and children;
• children;
• parents;
• brothers and sisters;
• grandparents;
• aunts and uncles; or
• any other person the Court thinks fit.

In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).

Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death.

If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances.

We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.

If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked.

In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.

There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate.

Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.

If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard.

Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances.

Please review your local state’s Successions Act or other legislation for specific rules and details.

Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away.

Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.

Cremation is a method of preparing the deceased for memorialisation. The process reduces the deceased’s body to ashes by exposing it to open flames, intense heat and evaporation. Unlike traditional burials, where the body naturally breaks down over years, cremation takes only a few hours.

Prepaying your cremation allows you to avoid inflation by locking in today’s price, saving you and your loved ones money during an already difficult time. To make it more manageable for you, we offer several payment options.

Prepaying your cremation also means your wishes will be known, saving your nearest and dearest time and stress, and allowing them more time to focus on giving you the send off you deserve.

No. Prepaying your cremation means you are locking in today’s price, with nothing more to pay. This way your loved ones are protected against inflation, saving you and your family money in the long run.

Rarely, an additional charge may be applicable if death occurs a considerable distance from the residential area specified in their prepaid funeral plan. For example, if the deceased had relocated from metro Melbourne to regional Victoria.

Prepaying for cremation, funeral insurance and funeral bonds are three options for pre arranging a funeral.

Prepaying for a cremation allows you to lock in today's price and ensures there won’t be any additional fees when the time comes. In contrast, funeral insurance won’t provide a payout in all circumstances. Also, it may only offer a lump sum which, with inflation, might cover just part of the cost of a funeral.

Another thing to consider is that with funeral insurance, if you miss a payment or can no longer afford the rising premiums (which generally increase as you age), you will lose your benefits entirely and have nothing to show for the premiums paid. With a prepaid funeral, if you pass before making the final payment, your family can simply pay the balance on your behalf.

Generally speaking, if you aren’t planning to need our services in the next three years, prepaying your cremation is likely to be cheaper than funeral insurance. 

This handy guide provides more information about how to preplan your funeral.

Willed Prepaid Funerals cover everything you’ll need logistically and legally – without a funeral service.

Your Prepaid Funeral covers you for up to 50km from your residential address. Extra transfer costs may apply.

In the event you pass before making the final payment towards your prepaid cremation, we will still commence our service and arrange the required paperwork. We will speak with your family so they can pay the balance (at the price you locked in) on your behalf.

At Willed, our core mission is to make end of life planning simple, affordable and accessible for all Australians. With that in mind, we are offering you a more simple service than traditional funeral homes.

Instead of paying high overheads for physical locations, we chat with you over the phone, via live chat or even video call. And, using our human-centred technology, we have been able to automate many manual processes. Rather than inflating our profit margins, we pass these savings directly to you.

Although direct cremations are simple and cost less, they are no less meaningful or respectful than traditional burials or other types of funeral services.

Our prepaid funeral plans are backed by Foresters Financial, a 170 year old, APRA-approved Friendly Society. That means in the highly unlikely event we aren’t in business when you pass away, your loved ones will still be able to access the full investment value of any money you’ve already paid us to contribute towards your funeral expenses.

We offer several payment options to make prepaying your cremation as easy as possible. You can pay in fortnightly or monthly instalments, or the full amount upfront.

We take payment online, via our secure payment portal, or over the phone. Please call us on 1300 945 533 to pay in full or to set up a payment plan.

In the event you pass before making the final payment towards your prepaid cremation, we will still commence our service and arrange the required paperwork. We will then speak with your family so they can pay the balance (at the price you locked in) on your behalf.

It’s really important that you let your nearest and dearest know you have prepaid your cremation, particularly the person who will be tasked with organising your funeral. This person is generally the executor of your Will or your next of kin, but not always.

We understand that these conversations can be awkward or difficult to have. Our dedicated planners are happy to help if you need a hand. We can also assist you to notify the Administration team if you reside in an aged care facility or are currently in hospital.

We understand that planning your final farewell is a big decision which requires a lot of thought. After you sign up to prepay your cremation, we offer a 30 day cooling off period in which you can cancel your contract if you wish. You will receive a full refund of any money paid in that time.

A direct cremation is a cremation without a funeral service or ceremony, or attendees. Because we take care of the cremation and all the associated paperwork, your loved ones will be free to arrange the memorial service you deserve, once we return the ashes to them.

The ashes will be returned to the person you nominate following the cremation. After that, a service or memorial can be held to say farewell in the way that suits you and your nearest and dearest best. 

After that, many people choose to keep the ashes in an urn at home. Some people choose to purchase an elaborate or decorative urn for this purpose.

They might also choose to scatter the ashes at a meaningful place like the site of a memorable family holiday or at sea, or bury them at a crematorium.

These days there are many other things that can be done with ashes. Read our recent guide for more unique ideas on what to do with ashes.

We have partnered with an accredited mortuary facility where only one person is ever cremated at a time. 

At Willed, we know we only have one planet Earth and we all need to do our bit to look after it. As part of our service, we include an eco-friendly coffin which has a much smaller footprint than traditional coffins. Although cremations emit more carbon emissions than traditional burials, their long-term impact is actually less (think about the emissions needed to create those fancy coffins and to mow all that grass!)