Creating a will is one of the most important steps you can take to secure your family’s future and ensure your wishes are carried out after your passing. With the rise of technology, preparing a will online has become an increasingly popular option for Australians. Online wills are affordable, convenient, and easy to complete from the comfort of your home.
However, while online wills can be just as legally binding as traditional ones, mistakes in preparation or execution can lead to serious consequences. A poorly prepared will be challenged, declared invalid, or fail to reflect your true intentions. To help you avoid these pitfalls, this guide highlights the most common mistakes people make when preparing online wills and how to avoid them.
Not Understanding the Legal Requirements
One of the biggest mistakes is assuming that simply filling out an online form is enough to make your will valid. In Australia, strict legal requirements must be met, regardless of whether the will is prepared online or by a lawyer.
For a will to be valid, you must:
- Be at least 18 years old and of sound mind.
- Put your will in writing (typed or handwritten).
- Sign the will in the presence of two witnesses.
- Ensure witnesses sign in your presence and each other’s presence.
- Ensure witnesses are not beneficiaries, as this could invalidate their inheritance.
Failing to follow these steps can render your online will invalid.
How to avoid this mistake: Carefully read the signing instructions provided by your online will service and ensure the witnessing process is completed correctly.
Choosing the Wrong Executor
The executor of your will is responsible for carrying out your wishes, paying debts, and distributing your estate. Many people make the mistake of appointing someone without considering their suitability. For example, choosing a beneficiary who may have conflicts of interest, or someone who is disorganised, can cause delays and disputes.
How to avoid this mistake: Choose a reliable, trustworthy, and organised person as your executor. You may also want to appoint an alternate executor in case your first choice cannot act. If your estate is complex, consider a professional executor, such as a solicitor or trustee company.
Forgetting to Update the Will
Another common mistake is treating your will as a one-time task. Life circumstances change—marriage, divorce, the birth of children, or the purchase of property all impact your estate. An outdated will may exclude new family members, leave assets to someone you no longer want to benefit, or fail to account for property you no longer own.
Example: If you created your will online before marrying, but never updated it, your marriage could revoke the existing will under Australian law.
How to avoid this mistake: Review your will regularly—at least every few years—and update it after any major life event. Most online will services make it easy to revise and create new versions.
Being Too Vague with Instructions
Clarity is essential in wills. If your instructions are too vague, beneficiaries may interpret them differently, leading to disputes.
Examples of vague instructions:
- “I leave some money to my children.” (How much? Equally or unequally?)
- “My house goes to the family.” (Which family members?)
- “I want my belongings shared fairly.” (Who decides what is fair?)
How to avoid this mistake: Be specific. Use full names of beneficiaries, detail the percentage of assets each should receive, and clearly identify specific gifts or property. Precision ensures there is no room for misinterpretation.
Overlooking Guardianship for Children
If you have children under 18, one of the most important parts of your will is appointing a guardian. Many people preparing online wills overlook this step, assuming the courts will “figure it out.” Without clear instructions, guardianship may be decided by the court, which may not align with your wishes.
How to avoid this mistake: Use your will to nominate a trusted guardian for your children. Discuss your decision with the person beforehand to ensure they are willing and capable of taking on the responsibility.
Not Accounting for All Assets
Another mistake is forgetting to include all your assets in the will. People often leave out superannuation, joint property, digital assets, or sentimental belongings. Overlooking these can cause confusion or disputes later.
How to avoid this mistake: Make a complete list of your assets before drafting your online will. Consider:
- Real estate and vehicles.
- Bank accounts and investments.
- Superannuation and life insurance.
- Business interests.
- Digital assets (social media accounts, cryptocurrency, online businesses).
- Personal valuables such as jewellery, art, or heirlooms.
Naming Beneficiaries as Witnesses
In Australia, if a beneficiary acts as a witness, their inheritance may be void. Unfortunately, many people preparing wills online make this mistake out of convenience, such as asking their spouse or child (who is also a beneficiary) to witness the document.
How to avoid this mistake: Always choose two independent witnesses who are not beneficiaries. Neighbours, colleagues, or family friends are good options.
Ignoring Superannuation Rules
Superannuation does not automatically form part of your estate. Many Australians wrongly assume their online will determines who receives their superannuation. In reality, the super fund trustee decides unless you have made a binding death benefit nomination.
How to avoid this mistake: Contact your super fund and make a binding nomination to ensure your super goes to your chosen beneficiaries. Mentioning superannuation in your will without doing this may have no effect.
Using Free or Non-Australian Templates
Not all online will templates are created equal. Free or overseas templates may not comply with Australian law, making your will invalid. Some fail to cover essentials such as guardianship or executor appointment.
How to avoid this mistake: Always choose an Australian-specific online will provider. Look for reviews, legal backing, and clear information about compliance with state laws.
Failing to Store the Will Properly
A valid will is useless if it cannot be found after your passing. Many people complete their online will but then hide it somewhere obscure or forget to tell anyone where it’s stored.
How to avoid this mistake: Store your signed will in a safe but accessible location. Options include a fireproof home safe, with your executor, or registered with your state’s wills registry. Inform your executor where the will is located.
Not Seeking Legal Advice for Complex Situations
Online wills are excellent for simple estates, but they may not be suitable for everyone. Complex family structures, large estates, overseas assets, or tax planning issues often require tailored legal advice. Relying solely on an online will in such cases can cause problems later.
How to avoid this mistake: If your situation is complex, use an online will as a starting point but seek professional legal guidance to ensure all aspects are properly covered.
Final Thoughts
Preparing an online will in Australia is a practical, affordable, and efficient way to secure your estate and provide peace of mind. However, small mistakes—such as vague instructions, failing to update, or incorrect witnessing—can undermine the entire purpose of having a will.
By avoiding these common pitfalls and following the legal requirements, you can create a strong, valid will that clearly expresses your wishes and protects your loved ones.
Remember: your will is not just a legal document; it is a legacy. Taking the time to prepare it carefully ensures your family is provided for, your wishes are respected, and unnecessary disputes are avoided.