You can draft your will online using the OneWill App. My Will’s easy to use 6-steps guide your through the process of drafting a new Will or updating an existing Will.
Click on each step below to better understand the information required, and the purpose of this information.
There are 4 fundamental steps required to draft a legally binding Will in Australia. Step 1 covers the first of these, the Testator, or the person who is making the Will.
It is important that you enter your full legal name here. This is not only used to link your Will to you at the time of your death, but also required to obtain access to your estate after you are gone.
Your marital status at the time of your death has significant impacts on your estate plans. And changes in your marital status can invalidate previously drafted Wills. This is why OneWill asks that you update your Will every time your marital status changes.
Please note, if you are in a relationship it is important that you enter your partner’s full legal name.
The second step that is fundamental in draft a Will is nominating your Executor/s, the person or persons you nominate to carry out your wishes after you are gone.
From a legal standing, it is all good and well to have a Will, but who is legally responsible for performing what is in the Will? This is why the executor is so important. Therefore, being an executor carries with it huge responsibilities, therefore assigning one should not be taken lightly.
This is also why we recommend you consider nominating your lawyer, financial advisor or another professional who can commit to his level of responsibility.
Using the OneWill App, you can Add a new Person using the “+ Add” button on the top right-hand side of Step 2, or if you have the person already created in the app, you can simply drag and drop the person from the People + Entities carousel on the top of the page to either the Primary or Secondary Executor field.
Please note that you executor much be 18 years of age at the time of your passing, and should be encouraged to have their own Will.
It is important you discuss your nomination with your executors before hand, and review your nominations periodically, touching base to make sure they your nominees are happy to continue to act as your executor at your passing.
One of the most important parts of creating a Will is assigning guardians who can act as parents to your underage children should you pass before they reach adult age. This is also arguably one of the most important reasons that people create their Will after starting a young family.
Likewise it is important to cover your pets and make sure they aren’t ignored or worse once you pass.
Using the OneWill App, you can add Children using the “+ Add” button on the top right-hand side of Step 3.
Please note that a person is only categorised as a dependent child if they are under the age of 18, with a Relationship to testator of either “Son” or “Daughter”.
Likewise, you can use the “+ Add” button to the right of Pets to add your Pets to your Will.
To nominate a guardian, simply drag and drop a person from the People + Entities carousel on the top of the page to your Child or Pet. You can also add Guardians by clicking in to the Guardianship or Pet view.
Will must nominate at least one Residual Beneficiary who will benefit from the remainder of your estate. The remainder simply refers to all of the property left over in your estate once all gifts have been allocated. We will touch on Residual Beneficiaries in Step 5.
Step 4 the prequel!
In Step 4 you can nominate any property that you wish to gift to a person or entity. For example, leaving a gift to a charity is an opportunity to continue to support a cause that you supported in your lifetime.
You can add an existing Asset, or create a new Asset in your Will by using the “+ Add” button on the top right-hand side of Step 4.
To assign a beneficiary to a gift, simply drag and drop a person or charity from the People + Entities carousel on the top of the page to that gift.
The third step to the previously mentioned fundamental steps is nominating at least one Residual Beneficiary.
A Residual Beneficiary is a Person or Charity that will benefit from the remainder of your estate after all gifts have been assigned.
You can add a person or charity by clicking on the “+ Add” button on the top right-hand side of Step 5. Or you can assign an existing person or charity simply drag and drop that person or charity from the People + Entities carousel on the top of the page.
You have the legal right to exclude any one from your Will simply by not including them in it. However, your Children for example, have the legal right to dispute not being included in your Will.
You can add anyone in Step 6 to explicitly exclude them from your Will. Specifically adding them here, and explaining why they are being excluded limits their prospects of a successful legal dispute.
To add a person to exclude from your Will simply use the “+ Add” button on the top right-hand side of Step 6.
Use the Generate button to export your Will once you have filled and reviewed all of the above 6 steps.
Finally, after you have obtained and printed your new or update Will, you will need to execute, or sign the document for it to become legal. This is the fourth fundemental step in ensuring a legally binding Will.
Please find below instructions and steps to support you in signing your Will.
Before you sign your Will
After you have signed your Will
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