Whether you're young or old, married or single, child-free or proud parents – a will ensures your financial wishes are met when it's your time to go. While it may be a subject many would rather avoid, writing a will doesn't have to be a morbid process, nor does it have to be a lengthy affair.
Online will kits and other free will options offer a convenient and affordable alternative to full-service options. Here's where to get one.
How does a will kit work?
A will kit is a do-it-yourself, low-cost option to prepare your will. Both paper-based and online will kits are available for you to compare below.
A will kit can be used when you first prepare your will and when your circumstances change. A change in circumstances could be a new marriage, de-facto relationship, separation, divorce, having a baby or the death of a beneficiary. Generally, it is suggested to review your will every two to three years. Or, any time when you go through a significant life event.
Online will kits compared
Gathered Here
Info
Gathered Here aims to be a one-stop shop for anything to do with end-of-life, from wills and probate to funerals and headstones. Gathered Here offers an online will platform that's designed to be both easy to use and legally valid for those after a fuss-free will.
Pros and cons
Free to write and update - Some services charge if you need to make changes
Fast to complete - Can be done in less than 10 minutes
Donate a portion of your estate or a gift to a cause that you care about
Appoint guardians for your children and pets
Can detail funeral wishes including type of funeral and where your final resting place should be
Call or use online chat if you have questions while making your will
Automatically notify your partner and executors they've been named in the will
Annual check-in by email to remind you if you need to update your will
No guidance about what forms part of your estate
Can divide your estate in percentages only, not dollar amounts
LawDepot is an online resource that lets you do your own legal work by offering legal documents, forms and contracts to individuals and businesses. Its online will kits can be accessed with a free trial subscription for new users.
Pros and cons
Handles guardianship for children and a delayed inheritance for minor beneficiaries
Some helpful information available along with FAQ popups
Includes gift giving for individuals or charities
Pet fund amount and choice of caretaker
Room for additional clauses such as forgiving a debt owed
Lawpath is an Australian online legal service that helps small businesses and individuals connect with legal templates and top-class lawyers without blowing the budget. You can subscribe to an online portal to access hundreds of legal document templates but you can also view samples and create your first document for free, including its online will kits.
While not completed online, Australian Seniors lets you download a free will kit to fill out on your own. The DIY option includes information you need to prepare your own will and easy-to-understand instructions.
Pros and cons
Explanation of important terms including an FAQ section
Step-by-step instructions to guide you through each section
Information on proper storage of your will - This is lacking in other online will kits
Deals with a trust for minors, guardianship and delayed inheritance
A will kit should contain enough information to help you complete your will without assistance and be easy to understand.
Some of the key topics that should be covered include:
Executor. The person named to carry out the terms of the will.
Beneficiaries. The person or group that will receive assets from the deceased.
Bequests. Gifts of personal property to a beneficiary.
Guardianship of minor children. The ability to make arrangements for children under 18 or dependents.
Probate. The process in which your executor has to prove and register your will.
How effective is a will kit?
The precise wording of a will is a specialised task best left to the professionals. The best free will kits provide you with enough instructions to make sure you conform to the strict legal requirements needed and, remove the possibility of ambiguity that's sometimes found in home-made wills.
Keep in mind that a will kit is only effective when completed properly and in full. So, be mindful to fill out all necessary sections and questions and thoroughly check the document to make sure you haven't overlooked anything.
Will uptake is low
A recent Finder survey revealed that only 40% of Australians have a will. Getting sick or terminally ill would prompt almost 1 in 2 (46%) to take out one, while 2 in 5 (41%) would only do so if they were to have kids.
Online will kits vs a lawyer
Anyone can prepare their own will if they are over 18 years old or married and deemed to be of sound mind. That said, there are some occasions when you might want to leave the legal work to the professionals.
Unsurprisingly, this will come at a cost but it could be worth it to secure your assets.
Will kit
Lawyer
You are clear about how your estate should be handled
You need some guidance on how to allocate your estate
You have a ‘traditional’ family structure
You have a blended or separated family with many members that need to be accounted for
Your estate would be made up of straightforward assets such as a home, a car and savings in a bank account
You have complex financial arrangements including jointly held assets, a family trust or a self-managed super fund
You can nominate a guardian for your minor children
You can nominate the age that your children can inherit from your estate and specify how funds can be used by a trustee while your beneficiaries are minors
Do I need a lawyer for a will?
Whether you draft it yourself from scratch or use a will kit, you don't need a lawyer for your will to be valid. You can, however, get it checked by the Public Trustee or a solicitor to make sure you've included everything you need.
Again, for complex financial and family situations the use of a lawyer is recommended. Getting the right legal advice upfront could save your loved ones in the future and make sure your will is valid and your wishes are carried out correctly.
Get access to customisable online will kits and legal documents
While the rules for a will vary across the states, there are some common requirements for a valid will. These are:
1. Your personal details You must be at least 18 years of age or married for your will to be considered a legal document. Make sure your full name, current address and identification details are all written correctly.
2. Mental state Clearly state that you are of sound mind, memory and understanding and that you are revoking any other wills that you may have completed before.
3. Executor and beneficiaries You'll need to appoint an executor and at least one beneficiary. Keep in mind that the role of executor can be time-consuming and onerous so make sure to choose someone responsible who is up for the task. You can also appoint a substitute executor just in case.
4. Signing and witnesses Your will must be signed in the presence of two witnesses, neither of which can be a beneficiary or your spouse. Both witnesses must then sign the will in the presence of you and each other.
5. Keep it safe File your will carefully in a secure place and tell those involved where they can find it. It is also a good idea to keep a list of the legal documents you have and where they can be found. You don't need to lodge or register your will with anyone for it to be valid.
Frequently asked questions
A will kit can be worth it if you're looking for a low-cost and easy-to-follow solution to estate planning. Many Australians don't have a will at all so if you can complete one of the free online will kits on offer, it's certainly better than nothing.
Will kits are generally inexpensive and can be found for less than $200. For the most affordable option, look out for free online will kits from the likes of Australian Seniors, Gathered Here and LawDepot.
Yes, wills produced from online will kits are legal in Australia provided you meet the requirements for your state or territory. These usually include that each page is signed and dated by you in front of two independent witnesses (who must also sign and date each) and that you are of sound mind, memory and understanding.
Cristal Dyer is a travel writer at Finder. She has been writing about travel for over five years and has visited over 40 countries around the world. Cristal currently travels full-time, writing about her favourite cities and food finds, and she is always on the lookout for amazing flight deals to share. See full bio
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