The rise of digital convenience has transformed how Australians manage their lives, from banking to property. Naturally, the question of whether you can legally secure your legacy from a laptop has surfaced. Is an online will valid in Australia?
The short answer is yes, but with significant caveats. While an online will is a legitimate legal document, its validity depends entirely on whether it meets the strict “formal requirements” set out in the Succession Act of your specific state or territory.
In this guide, we break down the five essential legal requirements you must satisfy to ensure your online will stands up in court, helping you avoid the common pitfalls that lead to “informal wills” and costly probate disputes.
What is an Online Will and How Does it Work?
An online will is essentially a “Last Will and Testament” created using a digital platform or template. Unlike a traditional lawyer-drafted will, which involves face-to-face consultations, an online will typically uses a logic-based questionnaire to gather your information.
Once completed, the platform generates a legal document based on your answers. However, a common misconception is that the process is 100% paperless. In most Australian states, the “online” part only covers the drafting phase—the execution phase still requires physical action.
The Rise of Digital Wills in Australia
Since the COVID-19 pandemic, several states have modernised their laws. For instance, Victoria became the first jurisdiction to permanently allow electronic signing and remote witnessing via audio-visual link. However, in states like New South Wales (NSW) and Queensland (QLD), the rules for “wet-ink” signatures remain the gold standard for avoiding legal challenges.
5 Essential Legal Requirements for a Valid Will in Australia
To be considered legally binding, every Australian will—whether written by a top-tier law firm or generated online—must satisfy these five pillars of validity:
1. Testamentary Capacity
The “will-maker” (testator) must be of sound mind. This means you must:
- Understand that you are making a document that distributes your assets after death.
- Have a general idea of the value and extent of your estate.
- Identify who might have a moral claim to your estate (e.g., spouses, children).
Expert Tip: If you are elderly or have a medical condition that could affect your memory, it is wise to obtain a medical certificate of capacity on the day you sign your will.
2. The Will Must Be in Writing
While you can use an online platform to generate the text, the document must be a physical or digital record of information. In almost every state, this means printing the PDF generated by the online service. Video wills or audio recordings are generally not valid as primary documents in Australia, though they may be used as evidence of intent in court.
3. Intent to Create a Will
The document must clearly state that it is your Last Will and Testament. It must be clear that you intended for this specific document to be the final word on your estate. Most online platforms include a standard revocation clause that cancels any previous wills to make this intent “crystal clear.”
4. Correct Execution (Signature)
This is where most DIY and online wills fail.
- The Signature: You must sign the document, usually at the foot of every page and at the end.
- Physical vs. Digital: Unless you are in Victoria (under specific remote execution rules), you should sign a physical printout with a pen.
5. Independent Witnessing
A valid will requires the signature of two independent witnesses.
- The witnesses must be present at the same time you sign.
- They must see you sign, and you must see them sign.
- Crucial Rule: Witnesses (and their spouses) should never be beneficiaries in the will. If a beneficiary witnesses the will, their gift may be voided by the court.
Benefits and Risks of Using Online Will Platforms
| Benefit | Risk |
| Affordability: Costs significantly less than a solicitor. | Lack of Advice: Platforms cannot provide tailored legal strategy. |
| Speed: Can be completed in under 20 minutes. | Execution Errors: High risk of incorrect signing/witnessing. |
| Accessibility: Ideal for simple estates and young families. | Complexity Issues: Not suitable for blended families or trusts. |
Step-by-Step: How to Execute Your Online Will Correctly
If you have chosen to use an online platform, follow these steps to ensure it is “probate-ready”:
- Generate & Review: Complete the online questionnaire and download the PDF. Read every word to ensure names and assets are spelled correctly.
- Print the Document: Even if the platform suggests digital options, printing a hard copy is the safest way to ensure validity across all Australian states.
- Gather Two Witnesses: Find two adults who are not mentioned in the will. Neighbours or coworkers are often good choices.
- The Signing Ceremony: All three people (you and the two witnesses) must stay in the same room. Use the same pen to sign the bottom of every page.
- Secure Storage: Keep the original in a fireproof safe or with your executor. Do not use paperclips or staples that leave marks, as this can suggest “tampering” to a probate registry.
Common Mistakes to Avoid with Online Wills
Failing to Update After Marriage or Divorce
In most Australian states, marriage automatically revokes an existing will unless it was made “in contemplation of marriage.” Conversely, divorce usually revokes gifts made to a former spouse but may not revoke the entire will. Always update your online will after a change in relationship status.
Attempting to Give Away Non-Owned Assets
You cannot gift assets held in a Discretionary Trust or certain Superannuation funds directly through your will. These require separate “Binding Death Benefit Nominations.”
Using Different Pens
While it sounds trivial, using different coloured pens between the testator and witnesses can trigger “requisitions” (questions) from the Supreme Court during the probate process, delaying the distribution of your estate.
FAQ: Frequently Asked Questions
Is an online will legally binding in NSW?
Yes, provided it is printed and signed in the presence of two witnesses as per the Succession Act 2006 (NSW). NSW does not currently recognize purely digital signatures for wills as readily as Victoria.
Can I use a digital signature like DocuSign for my will?
In Victoria, yes, under the Wills Act 1997. In other states, digital signatures are risky and may result in the document being classified as an “informal will,” which requires a judge’s approval to be valid.
Who can witness a will in Australia?
Any person over 18 who is of sound mind. However, to avoid a conflict of interest, the witness should not be a beneficiary, a family member of a beneficiary, or your executor.
What happens if my online will is found invalid?
If the court rejects the will, your estate may be distributed according to Intestacy Laws. This means the government decides who gets your assets based on a set formula, which may not align with your wishes.
Do I need a lawyer to check my online will?
While not legally required, it is highly recommended if you have a blended family, own a business, or have assets worth over $1 million.
Conclusion: Securing Your Legacy
An online will is a valid and efficient tool for many Australians, particularly those with straightforward assets and clear intentions. However, the “online” part is simply a delivery method. The legal weight of your will rests on the physical execution—the signing and witnessing.
If you follow the 5 legal requirements outlined above, your online will can provide the same peace of mind as a traditional one. If your situation involves complex tax structures or potential family disputes, seeking professional legal advice is the best way to ensure your final wishes are ironclad.
