Your questions on online wills answered
We recognize that you may want some clarification while making your online wills. You’ll find the majority of your queries about online wills addressed in this brief Q & A.
Can a court contest an online will?
In court, a will may be challenged.
Your will may be challenged in court, regardless of whether it was made on a napkin, online, or by an experienced estate lawyer. Your wills online australia validity at the time of creation and its ability to stand up in court if challenged are two entirely different things. The judge who is considering that particular will must decide if it accurately represents your preferences and whether to maintain it.
It is crucial to remember that, although every will may be challenged, the best approach to make sure it stands up in court is to write a will that explains your goals clearly.
Do You Allow Online Will Updates?
Your will may and should be changed to reflect your current intentions, regardless of how it was written. You should evaluate your will after going through life events like having a kid, getting married, getting divorced, or changing the beneficiaries and executors.
The simplicity of changes is one of the main advantages of online wills. We at Willful are committed to assisting our clients in maintaining the accuracy of their estate paperwork. With free, unlimited upgrades for life, we’ve made adjustments simple. Click here to read about What Makes a Will Legal in Australia?
It’s crucial to remember that in order for an update to be legally enforceable, it must be printed accurately and signed. The older one will immediately become invalid when the new one is signed, therefore you should throw it away. If you are keeping it someplace else, be careful to let your executor know that you have modified the document.
Do You Allow Online Will Storage?
Unfortunately, at this time, Canadian law does not permit the signing or storage of wills online. This is true for all wills, regardless of how they were written.
Although it is perfectly legal to use an internet tool to draft your will, you should always print your will, get it properly witnessed, keep it in a secure location, and let your executor know where it is so they can locate it after your death.
It’s a good idea to register your will on CanadaWillRegistry.org so that your executor will know precisely where it is and may do a search if they forget or you forget to notify them. A protracted search (together with the anxiety and probable expenses that come with it) may be simply avoided by registering your will. You get one free will registry (a $40 value) when you create a will using Willful.
Achieving Online Success Throughout COVID-19
According to Canadian law, wills and powers of attorney must be tangible, printed papers that are signed before two (2) witnesses, who must also sign the will, in order to be legally enforceable.
Realizing your will may be difficult when you adhere to the Canadian government’s advised COVID-19 preventive procedures (for example, physical distancing).
How Do Services Offered Online Operate?
Online will creation services come in a variety of forms. Many of these websites include an online wills maker, which involves asking the user a series of questions and inserting the user’s answers into a will template to produce a final will and testament.
Another option for creating a DIY will is to use downloaded software that guides you through the process. Other websites just provide online will forms that you may complete on your own without much assistance.
Do online will differ from those drafted by attorneys in any way?
An online will has the same legal standing as one written by an attorney, provided it conforms with your state’s regulations regulating valid wills.
Who Should Take Into Account Writing a Will Online?
If you have a reasonably simple estate and your assets are below the federal and state estate tax thresholds, creating a will online can be a smart option. A lawyer should be consulted if your estate could be liable for estate tax.
Re-marriage, stepchildren, property in various states, small businesses, and other issues may potentially create complexities that might benefit from legal counsel.
You should also think about whether you anticipate someone challenging your will after your passing. If so, you may wish to speak with a lawyer.
What Benefits Can an Online Will Offer?
The fact that utilizing an online will service often costs less than meeting with an estate planning attorney to draft your will is one of the main benefits of doing so.
Making a will online has another benefit in that you may have the final document in your hands in as little as half an hour. With an attorney, you will meet with them at least once before the document is created, and you will then need to wait while they draft your will, which might take days, weeks, or even months.
As opposed to involving anybody else in your personal matters, you could just feel better at ease creating your own will online.
Additionally, keep in mind that because wills are submitted to the local probate court, they become public information. You may wish to think about a living trust, which avoids probate if privacy is a priority for you.
Final Points to Keep in Mind About Online Wills
Remember that each state has different will-related regulations, so any online wills service you use should include forms, templates, and/or questions tailored to your state in order to ensure that the finished document complies.
Make sure you print off several copies of your online will and store them in secure locations when you’ve finished writing it. Your executor should at the very least be aware of where to find your will, and you might also let your spouse, kids, or other family members know.
Finally, keep in mind that a will is a living document and shouldn’t merely be written down and then ignored. Your wishes regarding your estate may change significantly as a result of life events like births, deaths, marriages, and divorces; therefore, it’s important to periodically review your will to make sure it still reflects your current wishes. You can also read about Wills and powers of attorney by visiting https://moneysmart.gov.au/wills-and-powers-of-attorney
Consider reviewing your will every year around your birthday. By doing this, you can ensure that you give yourself a wonderful present: the assurance that your final wishes will be carried out.