Are online Wills Legal?
Yes!
The best Wills are really simple. What matters is that is that it is clear, in writing and signed in accordance with simple legal rules.
Let’s get rid of the fear that stops many people making a Will
Case Study: The South Australian Supreme Court held that directions in a sealed envelope marked “To my daughter in case I die” and signed “your Mum” was a Will. (In the Estate of Dezsery, 27 June 1990)
The rules were not even followed in this case and it didn’t matter. We don’t recommend that you break the rules and see what happens. The rules are simple. We tell you what they are in plain English.
The message is, don’t be afraid that you will muck it up - You can DIY a valid legal Will with a help of a LawPack.
CHOICE
As long as it meets your needs, a will can be short or long and use complicated or simple language.
Nowadays you can buy inexpensive do-it-yourself wills kits.
Australian Consumers Association, CHOICE
The Law Society of NSW
Here is an extract from the NSW Law Society web site:
“Can I make a will myself?
You can make a will yourself if you wish; printed will forms are available from stationers. There is no requirement that a Solicitor draft a will. However, it is not in your best interests to draft your will yourself. There have been very many cases where homemade wills were either unclear, not properly drawn up or caused an unwanted tax liability. Many of these cases end up in court and carry on for years, causing distress and perhaps hardship to the family of the deceased. In general, Solicitors do not charge a large fee for making a will, and since it is one of the most important legal documents you will ever make, it is false economy to try to do it without skilled professional advice.” Fast Answers
The solicitors / lawyers at LawPacks:
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have drafted the Will for you (except for some blanks)
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give you the professional legal advice to guide you step by step through the preparation of your Will.
You can DIY a valid legal Will with a help of a LawPack
My top five myths about making a valid, totally legal and binding Will
5. A Will only valid if it’s witnessed by a lawyer.
4. A Will must be registered with the Court or somewhere.
3. A Will can’t be folded.
2. I have to list every asset I own. I don’t have time do that right now.
And my number 1 top myth:
1. I don’t have to worry about that for years yet.
All of these myths are simply not true.
Giving someone a gift is not complex. But it’s clear. This gift …. to that person. Simple.
A Will, in its most simple form is just the same. Prepare a valid, total binding and enforceable Will today with a Will LawPack from www.onlinelegal.com.au
on September 22nd, 2006 at 9:19 pm
Is a grant of probate really necessary when half of the title deeds to a house is in my name and I am the sole beneficiary of the will made by the deceased? Even though I didn’t reside in the house at the time. If a grant of probate is necessary what would happen if I didn’t get a grant of probate? And To whom would I be liable for the account of the assets if I am the sole beneficiary and executor of the will? Isn’t there an easier way to get around this without spending thousands of dollars to a solicitor just to get a name changed?
Response:
Estates can be often administered without a grant of probate.
However, whether a grant of probate is needed requires careful consideration and specific legal advice based of the size and content of the estate and potential claims against the estate.
Claims on an estate can be brought by:
- Those to whom the deceased owed money
- Those to whom the deceased had made a promise (even a verbal promise) to leave certain property
- Those to whom the deceased owed a moral duty to provide for / or who could have reasonably expected to have benefited from the estate
Some reasons for obtaining probate:
- Some administration bodies will not deal with assets in an estate (particularly high value assets) without a grant of probate
- Executors derive some personal liability protection from claimants on the estate
I suggest that you ask for written advice from your lawyer as to why a grant of probate is needed in your circumstances. Seek a second opinion if you are not satisfied. Ask for a quote that that advice.
Regards
Onlinelegal