What is a Will?

A Will is a written document, in a specific format, which is designed to carry out your wishes in regards to your assets after your death. It can also provide instructions to your Executor/s on other matters, such as selecting guardians for your infant children, and your funeral/burial arrangements.

A Will only comes into effect after your death. It has no power while you are still alive. You can change your Will as many times as you like during your lifetime. Only the last valid Will you make before you die will be used to reflect your final wishes.

How Does Our Site Work?

To complete a Will, Power of Attorney, or Statutory Declaration on our site you either need to click on the ‘Redeem’ button or make a purchase using a credit card or PayPal.

To REDEEM your product:

  1. Locate your unique access code from inside your Will or Power of Attorney booklet or on the front of your Statutory Declaration form
  2. Click on the ‘REDEEM’ button in the top right hand corner of legalwill.com.au
  3. Enter your code & click apply
  4. You will be offered some valuable products & you can either add them to your cart or say ‘no thanks’.
  5. Work through the checkout process. Your code will reduce the cost by 100% for the product you have redeemed.
  6. When your transaction is complete, either click on the link to your Dashboard or go to the email address that you provided at the checkout.
  7. Locate your confirmation email from legalwill.com.au & click on the link to your forms. (Always check junk mail if not received).
  8. Complete your forms online or by printing the downloadable forms from your Dashboard.
  9. You can access your Dashboard via your confirmation email or you can use the login function on the site.
  10. If you don’t have a password, you can create one using the ‘lost password’ option.

To PURCHASE your product:

  1. Click on any of the product buttons on the home page or from the ‘online store’.
  2. Work through the checkout process.
  3. Purchase by credit card or Paypal.
  4. Upgrade to other products offered or click ‘No Thanks’.
  5. When your transaction is complete, either click on the link to your Dashboard or go to the email address that you provided at the checkout.
  6. Locate your confirmation email from legalwill.com.au & click on the link to your forms. (Always check junk mail if not received).
  7. Complete your forms either online or by printing the downloadable forms from your Dashboard.
  8. You can access your Dashboard via your confirmation email or you can use the login function on the site.
  9. If you don’t have a password, you can create one using the ‘lost password’ option.

You have 90 days to access & complete your forms.

It’s as simple as that!

What is a Solicitor Checked Will?

The Solicitor Checked Will option is available as a stand alone product or as an upgrade after you purchase or redeem a standard Will. This invaluable option is provided to give you peace of mind knowing you have completed your Will correctly and that you have a valid document.

 Read more…

What is a Testamentary Trust?

A Testamentary Trust is a Will that provides a greater level of control over the distribution of assets to beneficiaries.

The main benefits of a Testamentary Trust is their ability to protect assets and reduce tax paid by beneficiaries from income earned from the inheritance.

Read more…

What Power of Attorney documents apply in each State or Territory?

NSW: General and Enduring Power of Attorney, Enduring Guardian

QLD: General and Enduring Power of Attorney

VIC: General and Enduring Power of Attorney, Enduring Power of Attorney (Medical), Appointment of Supportive Attorney

WA: General and Enduring Power of Attorney

SA: General and Enduring Power of Attorney, Advance Care Directive and Information Sheet

TAS: General and Enduring Power of Attorney

ACT: General and Enduring Power of Attorney

NT: General and Enduring Power of Attorney

How much does a Will or Power of Attorney cost?


  • Legal Will for Singles $25
  • Legal Will for Couples $40
  • Legal Will & POA Combo $40
  • Solicitor Checked Will for Singles $135
  • Solicitor Checked Will for Couples $220

Power of Attorney

Power of Attorney documents for all states $25 – includes all documents specific to each state.

Legal Will Document Storage for your Will or Power of Attorney

  • 1 year $25
  • 2 years $50
  • 3 years $75
  • 4 years $85 (15% saving)
  • 5 years $95 (24% saving)

Please contact Will Store Pty Ltd on 1300 858 882 for more information on storing your Will or Power of Attorney documents.


Where should I store my Power of Attorney?

When you complete a Power of Attorney, you should store your original in a safe place and ensure your Attorney/s knows where it is located. It is often best to arrange a couple of certified copies of the original document so your Attorney/s can retain one and you have a spare if required by a financial institution or government body.

You can also use the services of Will Store Pty Ltd. They offer you secure storage for your Power of Attorney document in a fireproof safe along with any other important documentation such as your Will. Will Store Pty Ltd, a specialist storage company for Last Wills and Testaments and other legal documents.

You can contact Will Store Pty Ltd for more information on 1300 858 882 or email storage@willstore.com.au


Where should I store my Will?

The safe storage of your Will is just as important as writing it!

Every year many people die having written a Will, yet when the time comes, the Will cannot be located.

Because of this they are deemed to have died intestate. In some states if a copy of the Will can be produced and it can be shown that you did not intend to destroy your Will, you will not have died Intestate. In cases such as these, the estate is administered under the laws of Intestacy, which are quite inflexible.

It is strongly recommended that you place your Will in a safety deposit box or better still take up the Storage and update service offered with your online Will. This enables you to securely store your Will in a fireproof safe with Will Store Pty Ltd, a specialist storage company for Last Wills and Testaments.


What is the ‘Predeceased’ Clause?

The predeceased Clause is used in the Gifts section of the Online Will and allows you to decide if you wish for a particular beneficiary to only receive a nominated gift if you are predeceased by your partner.

What is an ‘Incidental Beneficiary’ Clause?

The Online Will contains an incidental beneficiary clause. This clause determines the path that you wish any gift you have nominated to travel.

It stipulates that if a beneficiary dies before you, then their children would receive that benefit which was to be theirs. If they have no children, the benefit is to be shared amongst the other beneficiaries entitled to share in the residuary estate.

Who Can Witness a Will?

Any adult over the age of 18 can witness a Will as long as they are not a beneficiary or the spouse/de-facto of a beneficiary, otherwise they could automatically lose their entitlement to the estate. Both witnesses must be present when the Will maker signs the Will and they must also witness each other signing the Will in the presence of each other and the Will maker.

What is a Guardian?

A Guardian is the person(s) that you nominate to take responsibility for your minor children in the event that both parents are no longer living. This is a very important role and one that requires serious thought.

It is recommended that you discuss the appointment of a guardian with them prior to completing your Will.

In most cases a surviving natural parent assumes guardianship of minor children. However, if there is a dispute, the court takes into account whether someone has been appointed as a guardian in the Will.

What is an Executor and Trustee?

The Will combines the role of executor and trustee. In other words they are the same person(s). An executor is the person(s) who administers your estate after your death. They are charged with the responsibility of paying all creditors and ensuring that your wishes and instructions are carried out.

It is usual for the main beneficiary to be the executor of the estate with an alternate being chosen in case the executor predeceases you, or is unwilling or incapable of acting. You can choose up to 3 executors in your Will.


What If I Change My Address?

A Will does not have to be updated if you change address. The inclusion of an address in a Will is to assist in the identification of a person but is not essential.

Is There Any Property or Assets That May Not Be Inherited As Part of My Will?

Yes, life insurance and superannuation where there is a named beneficiary or where discretion is exercised by the trustee under a superannuation fund. It is recommended that you check with your financial adviser as to who is the beneficiary of your policies.

What Happens to Property in Joint Names?

Property that is owned in a “joint tenant” relationship is automatically passed to the other owner irrespective of what is stated in a Will. Property that is owned as “tenants in common” is structured in the form of shares and therefore can be passed onto any chosen beneficiary. Personal joint bank accounts and family homes are usually structured under a joint tenant agreement. You should check with your solicitor or conveyancer to be sure as to the ownership structure of your assets.

What If I Change My Name?

If you change your name through marriage or divorce or any other reason, you should complete a new Will.

What About People That Cannot Read or Write?

A Will can be written by someone else on your behalf. In this case it would require that the Will have a special attestation clause which is not provided for in the Online Legal Will. It is therefore advisable to choose the Solicitor Will if you have such requirements and you have not already done so.

What is Probate?

Probate is an order given by the Probate Supreme Court that states that the Will has been proved to be the last Will and Testament of the deceased. Probate allows the executor to collect and distribute the estate in accordance with the Will maker’s wishes. Probate is only granted when there is a Will and comes in one of two forms, either “common form” or, if there is a dispute, “solemn form”.

Does a Will Have to be Written in English to be Valid in Australia?

No, a Will does not have to be in English, however a translation into English will be required. It is recommended that you write your Will in English as this may avoid problems when trying to obtain probate.

Who Can I Include Or Exclude From My Will?

Your Will is exactly that, yours. You can decide to include or exclude anyone you like, however there are laws that may protect people who are deemed to be a dependant or close family member, from being left out of your Will. If a dependant or close family member is left out of your Will it may be challenged in court. It is recommended that if it is your desire to exclude a dependant or close family member from your Will, you should use the Solicitor Will option available from your home page if you have not already done so. The Solicitor will be able to advise you whether or not you can consider this option.

What About Adopted Children, Step Children and Foster Children?

The definition of children includes nuptial, ex-nuptial and adopted children. Step children and foster children are not considered a “child” of the deceased in the context of a Will and therefore unless they are specifically named as a beneficiary in the Will they would not receive any part of the estate.

The reference to brother(s) or sister(s) in a Will generally includes half brothers and half sisters, however to be safe you should name all beneficiaries.

Can I Simply Change My Will?

The answer to this question is a definite No!

The process of altering a Will is quite complicated. A Will cannot be altered after it has been signed and witnessed otherwise it may be deemed invalid. You can alter your Will prior to signing it however all changes must be initialled by the testator (will writer) and witnesses. With an online legal will it is much easier to make the changes and then print a new copy to be signed with two witnesses. You can however go through the process of executing a document called a Codicil. This document allows you to change details in your Will such as an executor or a beneficiary changing their name.

This process is quite involved and can lead to disputes. If you wish to change your Will it would be cheaper and much safer to write a new one.

Why Should I use legalwill.com.au?

When it comes to getting your affairs in order it can be tough to sit down and do the work. While it is not a painful process per say, the idea of paying someone to talk about the end of your life is not exactly fun. In addition, if you go to a lawyer it can add up quickly. That is why a do it yourself Legal Will is often the way to go. Wills are mostly straightforward and LegalWill.com.au is a great place to start putting your Will together.

 Read more…

How Should a Will be Written?

To be legal, a Will must be hand written or in typed form. The will maker and witnesses must use the same blue or black pen when executing the Will as this reduces any suspicion when it is processed through probate. The use of pencil is not allowed. A typed Will is preferred rather than a hand written one as this avoids any confusion or ambiguities. Legalwill.com.au provides the very easy option of entering all your information directly into the will form.

Who Should Have A Legal Will?

Any person over the age of 18 should have a legal will.

Read more…


When Should I Update My Will?

You should update your will under the following circumstances:


In most cases marriage or remarriage automatically cancels/revokes an previous Will unless you have specifically stated in your will that you wrote it in anticipation of marriage.


In many cases divorce completely cancels / revokes a will. Even if this is not the case it usually leaves it in a state that you probably no longer want. It is recommended in the case of divorce that you write a new will.

Arrival of new children

The issue of guardianship is very important and should not be taken lightly. Without an up to date will, your children may not be looked after by the person(s) you intended. You should also write a new will to include any additional children.

If a person mentioned in your will changes their name

A will should be changed if any person in your will (including the will maker) changes their name, otherwise the reference to that person in the will may become ambiguous. As mentioned earlier it is simpler to write a new will in this case.

If you purchase a new item that you wish to leave as a specific gift

This is obvious but can be overlooked.

If you wish to change a beneficiary in your will

This is also obvious, However, apathy stops a lot of people from doing what they had planned.

If you have not updated your will in the last 3 – 5 years

Changing circumstances in today’s environment means that a new will should be written every 3 – 5 years.

Does My Spouse or De-facto Spouse Require a Separate Will?

Yes. It is recommended that you complete separate Wills known as “Mirror Wills”. In other words they are separate Wills that provide reciprocal benefits.

What Happens if I Die Without a Legal Will?

You may not feel it is important to prepare a will before you die, but it is not the right attitude because there are consequences of dying without a legal will. The State will settle your estate and the court will appoint an administrator to your estate. This is why you need to check out legalwill.com.au because we offer the most simple and cost effective way to prepare a will. Here are some other things that could occur when you die without a will.

Read more…

I’ve entered my unique access code but I can’t find where to do my Will.

When you have completed the ‘redeem’ process you will receive a confirmation email. From this email click on the ‘My Dashboard’ link and here you will see the products that you have purchased. From here you can create, print or resume your Will. Ensure to check your junk mail folder if your confirmation email has not been received. Alternatively, you can login to the site directly.

I have entered my unique access code but a message appears saying that is has already been used.

You must have already redeemed the code. You can only use the code once. Check your email inbox for your confirmation email (also check your junk mail if not received). Alternatively, you can login to the site directly.

I have entered my unique access code but did not complete the redeem process due to power outage or something similar. I am unable to use the code again.

You can use the same code if you enter a different email address. If not, we can generate a new Will for you. Please contact us via email & we will help you.

I don’t have a password.

You can generate a password using the ‘lost password’ option. Always check your junkmail for notifications when changing your password.

I have purchased a Power of Attorney Kit and inside it says – Go to the ‘New User’ button on our site. There is no ‘New User’ button. The code in the book does not work in the ‘REDEEM’ section.

These books are over 10 years old and our site does not support the codes anymore. We are happy to email you the forms or post you a hard copy. They are the same forms that you would have accessed on the site & are to be completed by hand. Email us at support@legalwill.com.au or give us a call & we will help.

I have purchased a Will online but didn’t complete it within 90 days. Can I please have it extended?

We cannot extend the expiry on a Will but we can generate a new one. If you started your Will but didn’t finish it, you will have to enter your information again into the new Will. If you submitted your Will, we can possibly retrieve it & email it to you.

I have completed & submitted my Will but I want to make changes. How do I do that?

You can access your Will & make changes from your Dashboard. You can access this from your original confirmation email or you can login to your Dashboard from the home page on the site.

I have completed & submitted my Will and now I want to make changes but my Will has expired.

You cannot make changes your Will after the link has expired. You will have to purchase & complete another Will.

I have completed my Will & saved it but I don’t know where to go to get back in.

You should have received an email when you saved your Will – check junkmail if not received. The link in this email allows you to access your saved Will. If the email has not been received & the Will on your Dashboard still says ‘Create’ rather than ‘Download’ or ‘Edit’ then you will have to start your Will again.

I have started my online Will but the Terms & Conditions page is frozen & not moving to the next screen.

This is always a browser issue. Unfortunately, we cannot fix this. If you are using Windows 10 with Microsoft Edge or Explorer it will most likely be the cause. These browsers are problematic in general & cause havoc with our site. It would be best to try another browser. Google Chrome, Safari & Firefox all work well with our site.

I have completed my Will but I have now decided to upgrade to a Solicitor Checked Will. How do I do that ?

Give us a call on 1300 858 882 or email us at support@legalwill.com.au and we will help you.

If you cannot find the answer to your problem & are still having difficulty, please contact us at support@legalwill.com.au