Yes, it is possible to create a will online. The documentary requirements of a valid will are actually quite simple. A valid will is one that has been accepted by a court and put into effect by a grant of probate. To be valid according to these criteria, your will must be:
- In writing – handwritten, typed or printed.
- Signed – ideally your signature should be at the end of the will.
- Witnessed – two witnesses must be present when you sign your will or acknowledge it and they, too, must sign in your presence, but they do not have to be present together at the time they sign.
Obviously it is quite easy to create a document which does this. However, there are definitely some elements which are not simple or straightforward. You testamentry position often needs to take into account the capital gains tax position which it could place your beneficiaries in if you depose of your assets in a particular way. If you do not ensure that this is done adequately, large portions of the asset value of the estate can be lost to taxation. This could often easily be avoided by making a minor and technical change to the way your will is worded. Other issues which need to be considered include the influence of legislation such as the Sucession Act in New South Wales and other types of legislation which concern family provision and can an enormous impact on the way that a peron’s estate is administered. For these reasons, although it is possible to obtain the proforma of a will online, you almost always want to back this up with a review by a legal professional to check that it is suitable to protect your needs and interests. We offer access to both services here, please do not hesitate to contact us about this using any of the contact methods available on this site.