The market has become inundated with easy online Will options. Not only do these companies allow you to prepare and execute your Will from the comfort of your own home, but they are also generally cheaper than a “professional Will” prepared and witnessed by a solicitor.
However, while cheap now, online Wills may result in significantly greater legal costs and delay to your estate.
The NSW Supreme Court Probate Registry has recently been strictly enforcing regulations in relation to enforcing a Will, including:
- If there is a handwritten amendment or mark on the Will, the Registry may require sworn statements from the witnesses to the Will as to when the amendment or mark was made.
- If the Will has not been signed on all pages by the testator and the two witnesses, the Registry may require sworn statements from the witnesses to the Will to confirm that the unsigned pages were originally part of the Will and have not been added in or amended after signing.
- If a name is misspelt in the Will, the executor or a witness may be required to provide a sworn statement confirming the identity of the person named in the Will.
A valid Will must be witnessed by two adults who have watched the testator sign the Will and who have also signed. After the testator’s death, these witnesses can be called upon to provide valuable evidence as to the circumstances in which the Will was signed and to confirm that the testator understood what they were signing and willingly signed the Will
It is standard practice for a solicitor acting as witness to a Will to keep appropriate records in order to be able to give evidence at a later date, if required.
In contrast, with an online Will, it is often left to the testator to arrange for their own witnesses. This raises the risk that:
- The witness may not be suitable (they may be a beneficiary under the Will or married to a beneficiary);
- The witness may be a stranger or distant contact who may be difficult to locate if later required to give evidence in relation to the Will.
- A lay person will rarely, if ever, keep notes of the circumstances of execution of the Will that they can refer to if called to give evidence years later.
A professional Will drafted by an experienced solicitor to suit your particular needs and circumstances, and executed before the solicitor in compliance with best practice, will normally be more expensive than the “cheap and easy” online option. However, it may save your estate significant costs and delay when it comes time to administer your estate.
