Frequently Asked Questions (FAQs)
Last updated: 10 August 2021.
If you have any legal questions about preparing your Will, you can speak to SLF Lawyers via a national contact number +61 418 326 142. Your Wills provides a FREE 15 minute consultation with SLF Lawyers.
Your Wills is an Australian-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 preparing 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.
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A full profile description of SLF Lawyers can be viewed by clicking on the relevant link: https://www.slflawyers.com.au/about/
Without going into specific legal advice, if the prompts are followed correctly and all answers input are as they should be with correct details and full disclosure, then you will have a Will that an Executor can enforce.
You should seek independent advice but we offer an affordable service which will allow you to have separate Wills which avoids any conflict and is more cost-effective.
You should seek independent advice but we offer an affordable service which will allow you to have separate Wills which avoids any conflict and is more cost-effective.
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. The last validly executed Will made prior to your death will be relied upon.
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 contact 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 agreed to carry out your last wishes. The ‘Executor of Estate’ should be someone that is likely to outlive you, is of sound body and mind, aged 18 + years of age and has been advised by you and agreed 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 +61 418 326 142 so that an experienced lawyer can assist you in completing your Will. SLF Lawyers offers the first 15 minutes of any Wills 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 child aged under 18 years who is under your care. 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 to be appointed through Your Wills 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 care 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 in any aspect of your child’s life. It is not common without providing a listed order or alternate guardian and therefore potentially problematic.
We have allowed for two carers to be appointed through Your Wills 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.
A bequest is the giving of a particular asset to an individual or an organisation. The asset could include cash, stocks, bonds and personal belongings such as jewellery or memorabilia.
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 is clear and direct to anyone that reads the description. For example, mother’s diamond ring to daughter and father’s car to son.
If you are within the 7-day period and you have purchased a Standard Will you will be able to login under ‘My Account’ and download your Will from there.
Please note that you have 7-days to complete your Will. After this 7-day period, for those people that have not completed a Will the information will be deleted. This means should you require to execute a Will, you will need to input your details again (start the process from the beginning).
You will not be able to obtain a lost PDF after the 7-day period has expired if you have purchased a Standard Will.
You should store more than one copy of your Will so that it is readily available when it becomes necessary. We recommend you store at least one copy of your Will with one of the following: the Executor, a trusted person, your bank or your accountant.
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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.
Your Wills offers three packages ranging from $89.95 plus GST to $349.95 plus GST. The details of these packages are found: https://www.yourwills.com.au/will-packages-online/
Standard Package
- 1 Will purchase at $89.95 plus GST.
- Once you have finalised Step 9 and submitted your Will, you will not be able to go back and alter any of your information.
- Please note that you have 7-days to complete your Will. After this 7-day period, for those people that have not completed a Will the information will be deleted. This means should you require to execute a Will, you will need to input your details again (start the process from the beginning).
Premium Package
- 1 Will 12 month subscription purchase at $149.95 plus GST.
- You will be able to edit your Will up to 3 times (within 12 months of purchase).
- Storing Will data on AWS using 256-AES encryption.
- Ability to further purchase an annual subscription of $149.95 plus GST to continue to host
your encrypted Will on the Your Wills Website and be able to edit your Will up to 3
times easily per year (within 12 months of purchasing an annual subscription). - Will information will be held on the cloud only for 12 months if annual subscription is not renewed.
Platinum Package
- 1 Will 12 month subscription purchase at $349.95 plus GST.
- Two phone consultations with a lawyer about matters pertaining to your Will (within 12 months of purchase). Maximum one call per 6 month period.
- Unlimited Will edits (within 12 months of purchase).
- Storing Will data on AWS using 256-AES encryption.
- Ability to further purchase an annual subscription of $349.95 plus GST to continue to host your encrypted Will on the Your Wills Website and unlimited will edits (within 12 months of purchasing an annual subscription).
- Will information will be held on the cloud only for 12 months if annual subscription is not renewed.
Once you have completed your Will online, your Will be sent as a PDF document to your nominated email account. Or you have the option to download.
The onus is then on you, the individual, to print off your Will and have it witnessed accordingly to make the document legally binding.
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.
A General Non-Enduring Power of Attorney authorises a person or persons to act on your behalf in relation to your financial and personal matters for a specified period of time. This authority will end at the date or occasion specified in the Power of Attorney or once revoked by you.
For example: you are going to be overseas when the sale of an asset occurs, i.e. car, boat or house, a non-enduring power of attorney could be used to appoint someone to execute the sale documents while you are away.
An Enduring Power of Attorney authorises a person or persons to act on your behalf in relation to your financial and personal matters. This authority will continue if and when you are unable to make these decisions until a time specified in your Power of Attorney or upon your death.
For example: If you have been diagnosed with an illness which will, in the future, render you incapable of making decisions for yourself an enduring power of attorney could be used to appoint someone to act on your behalf when you no longer have capacity to make decisions on your own.
An Advance Care Directive allows you to inform health professionals, family and friends of your healthcare wishes should you become unable to make or communicate such decisions. This includes medical treatments you would like or refuse should you be in a position to require them, along with your values and preferred outcomes.
For example: an advance care directive is a document which is used to set out your instructions and wishes regarding your medical treatment if you are no longer able to make those decisions.
A Power of Guardian, Power of Medical Attorney or Instrument Appointing Medical Treatment Decision Maker (depending on your state or territory) authorises a person or persons to make medical treatment decisions on your behalf if and when you are unable to make these decisions, including in situations where you are rendered incapable due to a medical emergency.
For example: The instrument appointing the decision maker appoints the person who will make decisions regarding your medical care and ensure your instructions you have indicated in the advance care directive are carried out, if applicable.
No, Your Wills is not a legal service.