Planning for the future is something many Australians put off, often because the process feels complex or uncomfortable. In recent years, online wills have become a popular alternative to traditional lawyer-drafted documents, offering convenience and affordability. But an important question remains: are online wills legally valid in Australia?
The short answer is yes—in some situations. However, the legal reality is more nuanced, and understanding the risks and limitations is essential before relying on a digital will.
This article explains how online wills work in Australia, when they are legally recognised, and when professional legal advice may still be the safer option.
What Is an Online (Digital) Will?
An online will, sometimes called a digital will, is a legal document created using an online platform rather than through a solicitor’s office. These services typically guide users through a questionnaire covering assets, beneficiaries, executors, and guardianship wishes. The information is then used to generate a will document.
While the process happens online, most Australian online wills still result in a physical document that must be printed and signed correctly to be legally effective. A will that exists only electronically, without proper execution, is far more likely to be challenged.
How Online Wills Work in Australia
Online will platforms in Australia usually follow a similar structure:
- You answer a series of questions about your estate and wishes
- The platform generates a customised will document
- You print the document
- You sign it in the presence of two eligible witnesses
The critical legal step is execution. Australian law does not recognise a will simply because it was created online. What matters is whether it meets formal legal requirements once completed.
Are Online Wills Legally Valid in Australia?
Under Australian law, online wills can be legally valid, provided they comply with the same rules as any other will. Generally, this means:
- The will is in writing
- The testator signs the will
- Two witnesses are present at the same time
- Witnesses are not beneficiaries or spouses of beneficiaries
Each state and territory has its own succession laws, but these principles are consistent nationwide. Courts are concerned with the validity of execution, not how the will was created.
In limited circumstances, courts may accept an informal or digital document as a will, but this usually requires expensive court proceedings and strong evidence of intent.
When Online Wills Are Typically Acceptable
Online wills are usually appropriate when a person’s circumstances are simple and straightforward. This may include:
- A single person with modest assets
- Married couples leaving everything to each other
- Simple asset structures with no competing claims
- Clear, uncomplicated beneficiary arrangements
In these cases, a properly executed online will may function effectively and legally.
Risks and Limitations of Online Wills
Despite their convenience, online wills come with risks that many Australians overlook.
Online platforms cannot provide personalised legal advice. They may not identify issues such as blended families, estranged relatives, family provision claims, or tax consequences. Errors in wording, incorrect witnessing, or failing to update the will after major life changes can render it invalid or open to dispute.
Additionally, online wills may not adequately address complex assets, trusts, business interests, or international property.
Online Wills vs Lawyer-Drafted Wills
The key difference between online wills and lawyer-drafted wills is legal oversight.
A solicitor will assess your personal circumstances, identify risks, and tailor the will to reduce the likelihood of disputes. They also ensure compliance with state law and can provide advice on guardianship, superannuation, and estate planning strategies.
Online wills prioritise speed and cost, while lawyer-drafted wills prioritise legal certainty and long-term protection.
Who Should and Should Not Use Online Wills
Online wills may suit individuals with simple estates and clear intentions. However, they are generally not recommended for:
- Blended families
- High-value or complex estates
- Business owners
- People with overseas assets
- Anyone anticipating family disputes
In these situations, a professionally drafted will can help prevent costly litigation later.
Common Mistakes People Make With Online Wills
Some of the most common legal issues include:
- Incorrect or invalid witnessing
- Naming witnesses as beneficiaries
- Failing to revoke previous wills
- Not updating the will after marriage, divorce, or children
- Using generic clauses that don’t reflect actual intentions
These mistakes often only come to light after death, when they are difficult and expensive to fix.
Final Thoughts and Disclaimer
Online wills are not inherently invalid in Australia, but they are not a one-size-fits-all solution. Understanding the legal requirements and your personal circumstances is essential before relying on a digital will.
This article provides general information only and does not constitute legal advice. For advice tailored to your situation, consulting an Australian estate planning professional is strongly recommended.
FAQs
Are online wills recognised by Australian courts?
Australian courts may recognise online wills if they meet formal legal requirements, including proper signing and witnessing. Courts focus on execution rather than how the will was created. However, informal or purely digital documents often require court approval, which can be costly and uncertain, especially if the will is challenged by family members.
Can I make an online will without witnesses?
In most Australian states, a will without witnesses is not automatically valid. While courts can sometimes accept informal wills, this usually requires evidence proving the document reflects the deceased’s intentions. Relying on this exception increases the risk of disputes, delays, and additional legal costs for your estate.
Are free online wills safe to use in Australia?
Free online wills may work for very simple estates, but they often lack legal safeguards. They may not address complex family situations or state-specific laws. Errors in execution or wording can invalidate the will, making free templates a higher-risk option compared to professionally reviewed documents.
What happens if an online will is poorly written?
A poorly written online will can create ambiguity, leading to disputes among beneficiaries. In some cases, parts of the will may be unenforceable or the entire document may be challenged. This can result in court intervention, delays in estate distribution, and increased legal costs for loved ones.
Should I update my online will regularly?
Yes, online wills should be reviewed after major life events such as marriage, divorce, having children, or acquiring significant assets. Failing to update a will may result in outdated wishes being enforced or the will becoming partially invalid under Australian succession laws.