Frequently Asked Questions (FAQs)
Last updated: 24 April 2019.
Your Wills is a Australia-based company all about helping you save time and money by assisting you in preparing your own Will, in your own time, at an affordable price. It was created to make doing your Will easy and accessible to all Australians aged 18 years and over.
Your Wills mission is to remove the confusion in preparing your Will, and make it an easy, affordable option for young and old. With Your Wills, you can create a Will anywhere, anytime and without expensive legal fees.
Without going into specific legal advice, by following the prompts you will have a document that an Executor can enforce.
Each person over 18 years of age needs to do a separate Will.
Joint Wills are not legally recognised in Australia.
A change in circumstance may include but is not limited to; getting married, divorced, having children, pets, a home, investment properties, a new business, assets, debts, separated, remarried, having additional children or a blended family.
We recommend you update your Will whenever there is a major change in your current circumstances.
Yes, your interests can be left to anyone you choose. This also includes charities.
No, Your Will does not have an expiry date.
Yes, you can exclude a beneficiary from your Will, but we recommend you contact a lawyer as the nature of this situation can become quite complex. Your options will need to be discussed in great detail as it may result in your Will being contested.
You can exclude anyone from your Will, but we recommend you see a lawyer if the person has been/is a close family member, current or former spouse, child or anyone that may seek claim on your Estate.
Your Executor should be someone responsible whom you can trust and has accepted to carry out your last wishes. The ‘Executor of Estate’ should be someone that will outlive you, is of sound body and mind, aged 18 + years of age and has been advised by you and accepted that they will be your Executor.
It is the Executor’s responsibility to inform all beneficiaries of the Estate as to what they are individually entitled to as outlined within the Will.
You will require a substitute Executor if your nominated Executor does not wish to take on the responsibility, or your designated Executor/s passes away before you.
We encourage you to speak with your Executor/s to ensure they accept the role of executing and managing your Estate.
Where you have a complex situation, we recommend you contact SLF Lawyers directly on 1800 848 870 so a SLF lawyer can assist you in completing your Will. SLF Lawyers offers the first 15 minutes of any consultation for free.
No, it will not affect your Will, but you should always advise your Executor if you are moving.
A beneficiary maybe a person, pet, group or charity that you wish to leave your assets to.
You can make anyone a beneficiary.
A guardian is someone that chooses to accept responsibility for a minor. We encourage you to discuss guardianship of your children with those you have nominated to care for them if you are no longer around. It’s important for everyone concerned that your nominated guardian has accepted to take on the role as primary care giver to your children. It would also be advisable to discuss fees with them upfront.
Are any of your children minors who would require a guardian?
Typically this clause is used when children under the age of 18 years of age lose both their mother and father. Provision for guardianship is back up for the testator or testatrix who want to make a provision for children that do not have a parent alive. For anything more complex than this we recommend you see a lawyer.
We have allowed for two guardians, in the event your nominated guardian does not accept or does not want the responsibility or changes their consent. We encourage you to discuss guardianship of your children with those you have nominated to care for them if you are no longer around. It’s important for everyone concerned that your nominated guardian has accepted to take on the role as primary carer giver to your children.
Please be aware if you select multiple guardians they may disagree over schooling and immunisations as an example. Which one will prevail? This can happen on every aspect of your child’s life. It is not common without providing a listed order or alternate guardian and therefore potentially problematic. We would recommend one guardian provided they have agreed to be your guardian prior to you naming them.
We have allowed for two carers, in the event your nominated carer does not accept or does not want the responsibility or changes their consent. We encourage you to discuss care of your pets with those you have nominated to care for them if you are no longer around. It’s important for everyone concerned that your nominated carer has accepted take on the role as primary carer for your pets.
It is important to be clear about what bequests you are giving to each individual in your Will and that what you describe or list makes sense to anyone that reads the description. For example, mother’s diamond ring to daughter and father’s car to son.
Once you have finalised Step 9 and submitted your Will, you will not be able to go back and alter any of your information. Your Wills Pty Ltd will store your Will on Amazon Web Services for a period of 7 days from registration.
You will be able to login and under ‘My Account’ and access your Will.
After the 7-day period has concluded, your Will will be removed from our system. You will not be able to obtain a lost PDF after the 7-day period has expired.
We recommend you store a copy of your Will with the Executor, a trusted person, bank or accountant.
No problem. Just follow prompts to reset password.
No problem. Just follow prompts to reset username.
Yes, each State and Territory is bound by intestacy laws that affect your Will. ‘Intestacy’ is when you die without a will.
QLD is governed by the Succession Act 1981 (QLD).
NT is governed by the Wills Act 2015 (NT) and Administration and Probate Act (NT).
NSW is governed by the Succession Act 2006 (NSW) and Probate and Administration and Act 1898 (NSW).
VIC is governed by the Wills Act 1997 (Vic) and Administration and Probate Act 1958 (Vic).
SA is governed by the Wills Act 1936 (SA) and Administration and Probate Act 1919 (SA).
WA is governed by Governed by the Wills Act 1970 (WA) and Administration Act 1903 (WA).
ACT is governed by the Wills Act 1968 (ACT) and Administration and Probate Act 1929 (ACT).
TAS is governed by the Wills Act 2008 (TAS) and Administration and Probate Act 1935 (TAS).
You can get in touch with Your Wills Pty Ltd through our ‘Contact Us’ prompts on our website. Your Wills will always endeavour to respond to your questions within a 48-hour time frame.
Superannuation does not form part of one’s estate. Please call your superannuation provider if you would like to advise your Super Trustee to direct your Super to your estate or to a specified beneficiary.
If you have a complaint about how we handle your personal information (including how we dealt with any requests to correct or access your personal information), please contact us at the contact details below.
By post at: P.O Box 7206, Melbourne, VIC 3004.
By email: through the ‘Contact Us’ page on www.yourwills.com.au.
Please note that we may ask you to lodge your complaint in writing.
We will acknowledge receipt of your complaint as soon as possible after receiving it in writing. We will investigate your complaint and provide you with a response within a reasonable timeframe.
If you are not satisfied with how your complaint is handled by us, you can lodge a formal complaint with the Office of the Australian Information Commissioner.
You can complete your Will online for $59.95 plus GST.
Once you have completed your Will online, your Will be sent as a PDF document to your nominated email account. The onus is then on you, the individual, to print off your Will and have it witnessed accordingly to make the document legally binding.
The cost of $59.95 plus GST is for one Will generation only. There is currently no discount offered.
As your life circumstances change we encourage you to review your Will. These circumstances may include but are not limited to; getting married, divorced, having children, pets, a home, investment properties, a new business, assets, debts, separated, remarried and having additional children or a blended family.
You can update your details on our service up until you have completed step 9. Once you have finalised Step 9 and submitted your Will, you will not be able to go back and alter any of your information.
If Step 9 has not been completed then you have 7-days from your first login to go back in and change and update your Will.
After the 7-day period has expired you will need to input your details again and pay for another Will.
Your Wills is not a Legal Service.