Frequently Asked Questions
Why should I make a Will?
- Anyone who is over the age of 18 and is of a sound mind can make a valid Will and
should do so.
- Anyone who made a Will a long time ago should consider making a new Will.
- Anyone whose circumstances have changed — perhaps through marriage, change in defacto status,
the birth (or anticipation of the birth) of children, divorce, remarriage, or the death of a close relative,
for example — should make a new Will.
- Anyone who is living in a de facto, same sex or co-dependent relationship,
especially if some common assets are held in the other's name,
should make sure that both make a Will.
- If you get married, any Will you made when single/divorced is revoked (cancelled).
There are some exceptions to this, but it is always advisable to make a new Will
after marriage.
- If you get divorced, any Will you made while married may be affected (this depends
on the law of the different Australian States and Territories). In Victoria, for
example, your divorce will revoke any gift in your Will to your former spouse, and
any appointment of that spouse as Executor or Guardian. In other States, the effect
of divorce is different. The safest thing to do is to make a new Will when you get
divorced, and make another one if you remarry.
- If you deliberately destroy your Will, it will be revoked.
- Previous Wills and testamentary dispositions may be revoked by your new Will.
Why should I purchase the Legal Wills Made Easy Will Kit?
The Kit explains, step by step, how to make your own Will without incurring unnecessary
legal charges. The Kit covers:
- Special legal terms
- How to choose an executor
- How to list your property
- How to nominate your beneficiaries
- What you must do to make sure your Will is a legally binding document
The Legal Wills Made Easy Will Kit offers different Wills for different
stages of your life. The Kit includes sample wills — covering different life
circumstances — that will assist you to prepare your own Will. The Kit helps
you provide for your family after you have gone, in the way you want provision to
be made.
View one of the six sample Wills that are included in
the Kit. (Note: the document is in PDF format. You will need Acrobat Reader to view
the document.)
How much does it cost?
Click here for prices
Prices are exclusive of GST.
Can my husband/wife/partner and I make a joint legal Will?
In Australia, people are required to make individual Wills (regardless of their domestic or marriage arrangement or sexual orientation) meaning you and your partner (if you have one) are required to individually execute a Will.
When you buy our Will kit you get a PDF file containing all the different types of Wills, this means you can you this Will Kit for you, your partner and your immediate family (as the case may be).
Both my husband/wife/partner and I want to make our Will, do we have to buy two separate Kits?
No. You should select either Option 1 or Option 3, as described above.
Where do I store my Will?
We recommend you keep a copy of your Will and keep the original somewhere safe,
such as with your accountant or lawyer. However, Greenmonts Legal offer free secure storage to those who do not have those
professionals working for them.
For more information email us at legalwills@greenmonts.com.au.
Does your lawyer check the content of my Will if I request they hold it in storage for me?
Our lawyer will not check the content of your Will when you send it to them for storage, unless you pay the firm for its services.
Unless arranged otherwise, our lawyer will not provide legal advice on the suitability of the Kit to your circumstances or the content of your Will.
The Kit contains simple Will templates, which partially cover complicated family or financial arrangements. If you are unsure about any of the matters raised in the Kit, you should seek advice from a solicitor, or from ours. They can charge their normal professional fees if the matter is complex.
Note: If you are not entirely satisfied with your purchase, we will provide you with a 100% refund. In the case of a hardcopy, you have to return the Kit in a saleable condition within 30 days of purchase. (You are required to pay the postage costs associated with returning the Kit.)
Can I make a copy or copies of my Will to store at different locations?
Yes, but we suggest you write a note to be kept with each copy, advising of the
whereabouts of the original Will.
Does the Kit allow me to nominate numerous beneficiaries or is this limited?
You can nominate numerous beneficiaries, subject to the space available on the blank
Will form.
If I choose to receive the Kit in hardcopy format, can I use the same Kit in the
future to change my Will?
You can, provided you have another blank Will form that is appropriate to your situation,
otherwise you will need to purchase another Kit.
If I choose to receive the Kit in hardcopy format, how long will it take to be delivered?
Delivery is by Australia Post. Normal delivery times within Australia apply.
If I choose to download the Kit from the Internet, am I able to save the Kit to
my hard disk and edit my details on the screen?
No. We do not offer an editable version of the Kit. When you print off the Kit,
you should complete your Will by hand, as with the hardcopy version.
My husband/wife/partner and I are currently living overseas. Is the Legal Wills Made Easy
Will Kit suitable for us?
The Kit may not be suitable. For more information or legal advice email us at legalwills@greenmonts.com.au.
My husband/wife/partner and I are citizens of another country but are currently resident
in Australia. Is the Legal Wills Made Easy Will Kit suitable for us?
The Kit may not be suitable. For more information or legal advice email us at legalwills@greenmonts.com.au.
I am currently in a de facto/same sex/co-dependency relationship. Can I use the Legal Wills Made Easy Will Kit?
Yes. In some circumstances use of the Kit may require further assistance from us.
After you have purchased the Kit, contact us at
legalwills@greenmonts.com.au
and we will respond as to how you need to complete your Will.
How do I go about choosing an executor?
The Kit includes specific instructions for choosing your executor.
What are the requirements for ensuring my Will is properly witnessed?
The Kit includes specific instructions for ensuring your Will is properly witnessed.
How do I nominate my beneficiaries?
The Kit includes specific instructions for nominating your beneficiaries.
Does the Legal Wills Made Easy Will Kit contain a Power of Attorney form?
Power of Attorney forms are different depending on where you live and
in most circumstances you can obtain these for free from government web sites.
It is important to know that there are different types,
such as Enduring Power of Attorney and Medical Power of Attorney,
and it is better to obtain direct legal advice to ensure these are selected and completed correctly.
Contact us here
if you require a Power of Attorney so that we can provide
you with one that matches your circumstances. In most cases this will
be a free service.
Is it safe to send my credit card details over the Internet?
Yes. The payment form uses SSL technology to encrypt transaction data before it is
transmitted over the Internet.
We use the DirectOne payment system to process credit card payments. For more information
about DirectOne visit www.directone.com.au.
Will Legal Wills Made Easy ensure my privacy is protected?
Yes. We care about your privacy and has established a formal Privacy Policy. Please review our Privacy Policy.
Note that if you store your Will with Greenmonts Legal, your identity and the details and contents of your Will are not revealed to anyone other
than those legally allowed (such as our staff handling the Will and your executors).
Non-Australian Residents
Our Will Kit can be used by Non-Australian residents.
Depending in which country and state you live, you may be required to have
further information in addition to our kit.
Contact us here
so we can advise you on what additional steps you might need.