The Hidden Risks of Online Wills and Post Office Wills

An online will might feel convenient, though it comes with real risks.

A will has to abide by certain rules to be valid, in the way it is drafted, the way it is signed, and who you are nominating and how. The difficulty with an online will is that you may not receive the key legal advice you need to ensure the document is valid. You could end up with a will that is not valid at all, in which case we have to fall back on the intestacy rules anyway.

We also see many people who have made the old-fashioned "post office" wills, and those can be just as problematic. People simply write in what they think, which is risky, as they may not write it in a way that will be accepted, and they may not sign it in a way that is accepted under the Succession Act. Even the way beneficiaries or substitute beneficiaries are nominated is often not written in accordance with the law.

Relying on an online will, or an old-fashioned post office will, can therefore be quite risky. It is far safer to obtain proper advice.

We have prepared this article to share general information. For personal advice, book a consultation with our team.

Brooke Febo

Solicitor, Wills & Estates
Brooke Febo leads the wills and estates practice at Dawson Pouwhare Legal & Conveyancing, helping clients across Lake Macquarie and the Hunter with wills, estate planning, probate and contested estates. Her background in family law gives her a real feel for the dynamics that surround estates, from blended families to competing claims. If you are preparing a will or working through an estate, Brooke would be glad to help. Reach out to Dawson Pouwhare any time for a confidential chat.

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Dying Without a Will: What Intestacy Really Means