In today’s digital world, more Australians are turning to online platforms, templates or even emails to outline their final wishes. While that may seem convenient, it can lead to costly legal issues for your loved ones and in many cases it is either invalid or will cost your estate significant time, legal costs and cause stress, uncertainty and further upset in what is already a stressful and emotional time for families.
At Conditsis Lawyers, we have seen firsthand how these shortcuts can go wrong. That’s why it’s critical to understand what a legally binding Will actually involves and why DIY or “digital-only” Wills often fall short.
What Is a Digital Will and Why Is It a Problem?
A digital Will usually refers to a Will created online, or instructions left in digital form such as a typed document or email which can outline how you would like your estate handled. While it might appear practical, here’s the catch: most digital Wills do not meet the legal requirements to be valid in New South Wales (or across Australia, for that matter).
To be legally enforceable, a Will must meet very specific criteria. It must be:
- In writing
- Signed by the Will-maker
- Witnessed by two independent adults, in each other’s presence
In the event that the Court finds the Will to be invalid, the intestacy provisions will apply which means your estate will be left in accordance with legislation and not necessarily in the manner you desire. Further, it takes a significant amount of time, effort and legal costs to have the document determined. The document will not be automatically accepted as giving someone authority to deal with your estate and the Court does not simply give a “rubber stamp” of approval.
Common Issues We See with Digital or DIY Wills
At Conditsis Lawyers, we regularly help families clean up the fallout from informal estate plans. Some of the most common problems include:
- Missing formalities: Unsigned or unwitnessed Wills.
- Outdated or unclear wording: Vague instructions can lead to confusion or conflict among beneficiaries, which may require judicial advice or construction proceedings due to disputes about what the Will actually says and how the estate is to be paid.
- Exclusion of digital assets: Things like cryptocurrency, online accounts, cloud-stored photos, or domain names are often forgotten entirely.
- Disregard for superannuation or life insurance: These do not automatically form part of your estate and need specific, legally binding nominations.
The Right Way to Plan – With Legal Certainty
A Will prepared by an experienced, dedicated estate planning lawyer is more than just a list of who gets what. It’s a legal document that:
- Clearly sets out your wishes
- Appoints trusted executors to carry them out
- Addresses the management of your digital and physical assets
- Can include provisions for children, vulnerable family members, or charitable gifts
- Minimises the risk of disputes or court challenges
- Minimises the stress for your family at an already stressful and challenging time
- And most importantly, complies with the laws that make it enforceable
Why Choose Conditsis Lawyers?
We understand that estate planning can feel daunting, but it doesn’t need to be. At Conditsis Lawyers, we take the time to understand your individual circumstances and tailor a plan that reflects your values, family, and financial situation.
Whether you are creating your first Will, updating an existing one, or navigating complex assets like trusts, businesses, or blended families, we are here to provide peace of mind.
Book Your Estate Planning Consultation
Don’t risk your legacy on a digital shortcut. Contact Conditsis Lawyers to arrange a confidential consultation with one of our experienced estate planning lawyers.
We will ensure your wishes are documented properly and protected by law.
