Creating a will is one of the most important steps you can take to protect your family’s future. In recent years, online wills have grown in popularity due to convenience and affordability. But how do they compare to traditional lawyer-drafted wills? This article explores the differences, legal validity, risks, and considerations for Australian families.
What Is an Online (Digital) Will?
An online or digital will is a document created using a website or software platform rather than a lawyer’s office. The user typically answers guided questions about assets, beneficiaries, executors, and guardianship. The platform generates a will based on the responses, which usually needs to be printed and signed in the presence of two witnesses to comply with Australian law.
Online wills offer speed and simplicity, making them attractive for individuals with straightforward estates. However, the lack of professional guidance can lead to mistakes or ambiguities.
How Online Wills Work in Australia
Most online will services follow a similar process:
- Fill out a questionnaire covering your estate, beneficiaries, and special instructions.
- The platform generates a customised will document.
- Print the will and sign it in front of two eligible witnesses (not beneficiaries).
- Store the will safely and inform your executor of its location.
Australian law recognises online wills only if they meet the formal execution requirements. The method of creation—online or otherwise—is secondary to legal compliance.
Legal Validity of Digital Wills in Australia
Digital wills can be legally valid in Australia, provided they meet the requirements set out under state and territory succession laws. Generally, a valid will must:
- Be in writing
- Be signed by the testator
- Have two witnesses present simultaneously
- Avoid conflicts of interest (witnesses cannot be beneficiaries)
While courts may accept informal digital documents under certain circumstances, relying solely on electronic versions without proper witnessing is risky and may result in disputes.
When Online Wills Are Legally Acceptable
Online wills are most suitable when a person’s estate is simple and straightforward. Examples include:
- Single individuals with minimal assets
- Married couples leaving everything to each other
- Estates without complex trusts or business interests
In these situations, an online will, properly executed, can function effectively and legally, offering a convenient alternative to a traditional will.
Risks and Limitations of Online Wills
Despite their convenience, online wills carry risks:
- Legal mistakes: Missing signatures, incorrect witness arrangements, or outdated clauses
- Limited advice: Platforms cannot provide personalised guidance on complex family or financial situations
- Challenges in court: Disputes may require expensive court proceedings
- Complex assets: Business interests, foreign property, and trusts may not be properly addressed
Failing to understand these limitations can lead to invalid or contested wills.
Online Wills vs Traditional Lawyer-Drafted Wills
The main difference between online and traditional wills is legal oversight. Lawyer-drafted wills offer:
- Tailored legal advice
- Review of complex estates and family situations
- Guidance on guardianship, tax, and trusts
- Protection against disputes and claims
Online wills prioritise speed and cost-effectiveness, while traditional wills prioritise certainty and legal compliance.
Who Should and Should Not Use Online Wills
Online wills are suitable for:
- Individuals with simple estates
- Clear beneficiary arrangements
- Minimal risk of dispute
Online wills are not recommended for:
- Blended families
- Estates with high value or business assets
- People with international property
- Anyone anticipating family conflicts
In these cases, consulting a professional estate planner is strongly advised.
Common Legal Mistakes with Online Wills
Some common mistakes include:
- Incorrect witnessing or signing procedures
- Failing to revoke previous wills
- Using generic clauses that do not reflect personal intentions
- Not updating after life changes such as marriage, divorce, or children
These errors can lead to legal disputes and unnecessary delays for your loved ones.
Final Thoughts and Disclaimer
Both online and traditional wills have a role in estate planning, but their suitability depends on your circumstances. Online wills can be valid, but proper execution and understanding of limitations are critical.
This article provides general information and does not constitute legal advice. For guidance specific to your situation, consulting an Australian estate planning professional is recommended.
FAQs
Are online wills legally enforceable in Australia?
Yes, online wills can be legally enforceable if they meet formal legal requirements, including proper signing and witnessing by two eligible witnesses. While digital platforms generate the document, the law prioritises correct execution over creation method. Improperly executed online wills may face legal challenges or disputes.
What makes a traditional will safer than an online will?
A traditional will drafted by a lawyer is tailored to your unique circumstances, considers complex family or financial situations, and ensures compliance with state law. Lawyers provide guidance on trusts, guardianship, and potential disputes, reducing the risk of legal challenges compared to generic online will templates.
Can I create a legally valid online will without a lawyer?
Yes, you can create a legally valid online will without a lawyer if you follow all execution requirements under Australian law. However, the risk of mistakes increases, especially for complex estates. Legal oversight can help prevent disputes and ensure your will reflects your intentions accurately.
When should I avoid using an online will?
Avoid online wills if you have a blended family, complex assets, business interests, international property, or anticipate family disputes. In these situations, a lawyer-drafted will ensures clarity, reduces the risk of litigation, and provides professional advice tailored to your estate planning needs.
How often should I update my online will?
You should review and update your online will after significant life events such as marriage, divorce, birth of children, or acquiring substantial assets. Failing to update your will can result in outdated instructions, partially invalid clauses, or disputes among beneficiaries under Australian succession law.