Creating an online will has made estate planning more accessible and convenient for Australians. However, a will is not a “set and forget” document. Regular reviews are essential to ensure your wishes remain accurate and legally enforceable. Understanding when and how to update your digital will is key to protecting your estate and beneficiaries.
What Is an Online (Digital) Will?
An online will, also known as a digital will, is a legally recognised document created via an online platform instead of through a solicitor. Online platforms usually guide users through:
- Listing personal information
- Assets and liabilities
- Appointing beneficiaries
- Naming executors and guardians
- Adding special instructions
To be legally valid in Australia, the will must typically be printed, signed by the testator, and witnessed by two eligible witnesses in accordance with state law.
How Online Wills Work in Australia
Creating an online will involves:
- Completing an Online Questionnaire: Input details about your estate and beneficiaries.
- Generating the Will Document: The platform produces a tailored legal document.
- Signing and Witnessing: Must be signed in the presence of two eligible witnesses who are not beneficiaries.
- Secure Storage: Keep the will in a safe location and inform your executor.
Proper execution ensures that your digital will complies with legal requirements and can be enforced in probate.
Legal Validity of Online Wills Under Australian Law
Digital wills are legally valid in Australia if they meet the formal requirements of the state or territory, which generally include:
- Being in writing
- Signed by the testator
- Witnessed by two eligible witnesses simultaneously
- Witnesses not being beneficiaries or their spouses
Failure to adhere to these requirements can invalidate the will, leading to potential disputes and probate delays.
When to Review and Update Your Online Will
Reviewing your will regularly ensures that your estate reflects your current circumstances. Consider updates after:
- Major Life Events: Marriage, divorce, the birth or adoption of children, or the death of a beneficiary.
- Changes in Assets: Buying or selling property, investments, or businesses.
- Relocation: Moving interstate may require adjustments to meet local succession laws.
- Changes in Executors or Guardians: Replacing or adding trusted individuals.
- Tax or Legal Changes: Updates in state succession laws or taxation rules that may affect your estate.
Regular reviews help prevent disputes and ensure your will remains valid under Australian law.
Risks and Limitations of Online Wills
- Execution Errors: Incorrect signing or witnessing can invalidate a will.
- Ambiguities: Generic online templates may not address complex family or financial situations.
- Limited Legal Advice: Online platforms cannot provide personalised guidance for trusts, blended families, or business succession.
- State-Specific Compliance: Differences in state laws may affect the enforceability of your online will if not updated correctly.
Being aware of these limitations is essential when maintaining your digital will.
Differences Between Online Wills and Lawyer-Drafted Wills
While online wills are convenient for simple estates, lawyer-drafted wills offer:
- Customised legal advice for complex estates
- Clear clauses to minimise disputes
- Guidance on trusts, guardianship, and business succession
- Compliance with state-specific requirements
For complex or high-value estates, professional drafting ensures accuracy and legal certainty.
Who Should and Shouldn’t Rely on Online Wills
Suitable for:
- Individuals with straightforward estates
- Clear, uncontested beneficiary arrangements
- Limited assets and simple family structures
Not suitable for:
- Blended families or complex relationships
- High-value estates or business ownership
- Estates requiring trusts, guardianships, or special legal clauses
Common Mistakes When Updating Online Wills
- Forgetting to revoke previous versions
- Failing to properly sign and witness updates
- Not notifying executors of changes
- Overlooking new assets or changes in beneficiaries
- Ignoring state-specific legal requirements
These errors can lead to disputes, probate delays, or unintended distribution of assets.
Practical Example
Consider Mark, who initially created a simple online will. After marrying and having a child, he updated his will to reflect these life changes, properly signing and witnessing the new document. Without this update, his previous will could have caused confusion or legal disputes, illustrating the importance of regular reviews.
Final Thoughts and Disclaimer
An online will is a flexible and accessible way to plan your estate, but it must be regularly reviewed and updated to remain legally valid. Ensuring proper execution and compliance with state laws protects your beneficiaries and simplifies estate administration.
This article provides general information only and does not constitute legal advice. Consult a qualified Australian estate planning professional for personalised guidance.
FAQs
How often should I review my online will?
You should review your online will after major life events, asset changes, relocations, or legal changes to ensure it accurately reflects your current circumstances and complies with state laws.
Can I update my online will without a lawyer?
Yes, you can update your online will yourself, but ensure it is properly signed, witnessed, and stored to remain legally valid under Australian law.
What happens if I forget to update my online will?
If your will is outdated, it may not reflect your current wishes, leading to disputes, unintended asset distribution, or probate delays.
Are online wills legally enforceable in Australia after updates?
Yes, as long as each update is executed correctly with proper signing and witnessing in accordance with state succession laws.
Who should seek legal advice when updating an online will?
Individuals with complex estates, trusts, blended families, business interests, or high-value assets should consult a lawyer to ensure updates are legally sound and enforceable.