Everyone is entitled to make their own choices about what happens to their assets and belongings in the event of their death, as long as they have the capacity to make that determination.
Here in Australia, Wills are open to adults who are 18 and over, and who pass a four part test of their ability to understand the Will, make the decisions around it, and do so with their own free choices. We require people to meet standards of testamentary capacity, physical capacity, freedom from undue influence and freedom from duress.
As long as you can prove you meet those standards, you’re able to make a Will online in just 20 minutes that can protect your best interests, and the best interests of the people you care about.
Testamentary and Physical Capacity
To make a Will, you have to be able to understand what’s going on. You have to be able to grasp what it means, and what the process is, and what you’re choosing to do. This about proving soundness of mind, memory and understanding.
If you are in capacitated from a mental health perspective, or you’re not able to clearly determine your own assets, where they’re going and why, your Will could be invalid.
Physical capacity means that you do not have a physical blocker that prevents you from making and signing a Will with the full extent of your abilities. For example, if you do not speak English, if you aren’t able to read, these would be considered blockers to your physical capacity, and would also be cause to consider the Will invalid.
Undue Influence and Duress
You aren’t able to make a valid Will, if you’re subject to undue influence or duress. Put plainly, that means whether you’re either being pressured and pushed to make a Will by somebody who could gain from it, or is simply trying to control the division of your assets, or being physically forced to make a Will through threats of violence or coercion.
If your Will is made under these circumstances - in the case, just to break it down, of a carer forcing a patient who does not have personal power or freedom to refuse due to their situation and circumstances - it would be considered invalid, because you weren’t able to create that Will through your own volition.
Making a legal Will is not a difficult process of you have the right tools. What is difficult is actually trying to do it correctly on your own and without support and guidance. If the Will is not made properly, it is extremely hard to ensure that the instructions you leave behind are followed. Some Will making kits succeed, while others fail. Using an online Will platform like ours is a good way to make sure you’re planning ahead efficiently and carefully.