
Managing Complex Assets in Your Online Will: A Guide for Australians
Creating a will is a crucial step in ensuring that your estate is distributed according to your wishes after your death. With the rise of online will services, more Australians are now opting for this convenient and cost-effective method to create their wills. However, many people wonder if online wills can handle complex estates, including multiple properties, businesses, investments, and other unique assets. In this article, we will explore how to manage complex assets within your online will in Australia, ensuring that your estate is carefully planned, even when it involves intricate or high-value assets. We’ll also discuss the steps involved in creating an online will, the legal framework, common mistakes to avoid, and how to ensure your will is valid and comprehensive. Introduction Online wills have revolutionized the way Australians approach estate planning. They are an increasingly popular choice due to their ease, affordability, and flexibility. Creating a will online offers a significant advantage over traditional methods, as it allows individuals to draft a legally binding document from the comfort of their own home. With simple prompts, templates, and guidance, an online will service helps you document how you want your estate managed after your death. However, while online will services are great for most people, managing complex assets within your will requires careful thought and planning. Whether you have a business, multiple properties, valuable collections, or investments, you need to ensure these assets are properly documented and that your instructions for their distribution are clear and legally valid. In this guide, we’ll walk you through the process of managing complex assets in your online will, helping you ensure that your wishes are respected and that your assets are protected. What is an Online Will? An online will is a digital document used to outline how your assets will be distributed after your death. It allows you to list your assets, name beneficiaries, and appoint an executor who will ensure your wishes are carried out. Online will services are designed to be user-friendly, providing templates and questionnaires that guide you through the process. While a traditional will written by a solicitor can be personalized and detailed, an online will allows you to create a legally valid document at a fraction of the cost and without the need for in-person meetings. For those with simpler estates, online will services offer a straightforward and affordable option to ensure their assets are distributed according to their wishes. Online Will vs. Traditional Will Written with a Solicitor While both an online will and a traditional will serve the same purpose—dictating how your estate is to be divided after death—there are distinct differences in how they are created and managed: The key difference lies in cost, convenience, and complexity. Online wills are generally cheaper and quicker to create but may lack the level of customization that a solicitor can provide for complicated estates. Is It Legal to Make an Online Will in Australia? Yes, online wills are legal in Australia, provided they comply with the legal requirements outlined in the Wills Act of each state and territory. The Wills Act ensures that your will is valid, enforceable, and recognized by Australian courts. For your will to be legally binding, it must meet the following criteria: Online will services are designed to meet these requirements, and many platforms provide step-by-step instructions to ensure your will is legally valid. However, it’s important to confirm that the service you use complies with your state or territory’s legal framework. See more: Legal Considerations for Starting Your Own Business: A Commercial Law Perspective Steps to Create an Online Will in Australia Creating an online will in Australia is a straightforward process. Here’s a step-by-step guide: Step 1: Choose a Reliable Online Will Service Start by selecting a reputable online will service. Look for a platform that is legally compliant with Australian laws and provides clear instructions for the process. It should also offer secure storage for your will and allow for easy updates in the future. Step 2: Create an Account and Input Personal Details Once you’ve selected a service, you’ll need to create an account. This usually involves providing personal details like your name, address, and date of birth. These details help ensure that your will is correctly documented. Step 3: Select the Assets and Beneficiaries Next, you will need to list your assets and decide who will inherit them. For complex assets, such as properties, businesses, or financial investments, be specific about what each beneficiary will receive. This may require providing additional details, such as account numbers, legal descriptions of properties, or instructions regarding the management of a business. Step 4: Appoint an Executor An executor is a person or institution tasked with managing your estate and ensuring that your will is executed according to your wishes. You’ll need to choose a trustworthy individual or organization to act as your executor. Consider appointing someone with the ability to handle complex financial or legal matters, especially if your estate involves business assets or multiple properties. Step 5: Sign and Finalize the Will Once you’ve inputted all the necessary information, you’ll need to sign the will in front of two witnesses. These witnesses should not be beneficiaries or their spouses. Many online will platforms offer digital witnessing options, but be sure that this complies with the legal requirements in your state or territory. Managing Complex Assets in Your Online Will If your estate includes complex assets, such as business interests, real estate investments, or high-value collections, it’s crucial to ensure that these assets are properly accounted for in your online will. Here’s how to handle complex assets: 1. Real Estate For multiple properties, be sure to provide clear and specific descriptions of each property. Include the full address, legal description, and any pertinent information regarding ownership, such as whether the property is jointly owned. If you have an investment property, mention whether you want it sold, transferred, or kept within the family. If you’re passing the property to…