Myths about Wills

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.