Q&A: Your questions about Wills, answered!

We have a lot of questions from people who are curious about getting their Will together and want to know more about what it means and what the process is like. Everyone knows that a Will is an important document to have at the end of your life, but there are so many misconceptions and misunderstandings about the process behind it, and what a Will actually is and does.

We’ve been collecting these questions, and putting together a Q&A that can tell you everything you need to know about your Will.

Q: Who can create a Will online?

Every adult! If you’re over 18 in Australia, you can create a legal Will online through our platform, and start to think about the future and the unexpected. There are no other requirements beyond being of a legal age.

Q: Is an online Will legally valid?

Yes, a Will created through willed.com.au is a legally valid document, once it has been witnessed (we’ll walk you through that at the end of the process!) and it is a recognised Will. We’ve worked with a team of lawyers to make sure that each Will built using our platform is valid and enforceable.

Q: What’s the right time to make a Will?

The right time to make a Will is as soon as you have assets, dependents or beneficiaries that you want to take care of, and are in a position where you want to plan for the future. We believe that every single adult should have a Will written, to ensure that what matters the most to them is taken care of and looked after. Even if you’re just starting out in your working career, even if you’re still in your 20’s or 30’s, having a Will written is an important step towards being financially well.

Q: What happens if I die without a Will?

If you pass away without a Will in Australia, that’s called “dying intestate” - and it means that things get a little complicated legally. Essentially, the state will decide where your assets go and how things are divvied up, based on close personal and legal relationships. In some extreme cases, if the state is unable to find legal relatives who would serve as beneficiaries of your estate, your assets may in fact go to the state itself. Obviously, that’s not what most people want at all!

Q: Can my pet be a beneficiary of my Will?

In Australia, that’s actually not possible unfortunately. Your pet is considered an asset, and will need to be left to a beneficiary who will look after their wellbeing. A great reason to have a Will in place if you’re a pet owner is to set up a plan so that your pet is going to receive the best possible care if you’re no longer around.

Q: Can my Will be contested?

Yes, the short answer is - anyone can contest a Will, and there are mechanisms, rules and regulations in place in each state and territory of Australia that will govern that process. However, that doesn’t mean that your Will has no value; a well written Will, that you have taken the time to work on and finalise, that you’ve discussed with your relatives and set in place, stands a much better chance. A Will is important because it reflects your wishes, and as long as it meets the necessary standards, you can be confident in it.