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.)

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 receive 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 need two separate Kits?

Not if the kit is supplied to you electronically by email, i.e. as a PDF.

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 kit, we will provide you with a 100% refund (if applicable). In the case of a hardcopy, you have to return the Kit in its original condition. (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 have received the Kit in hardcopy format, can I use the same Kit in the future to change my Will?

You can.

If I am 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 receive an electronic PDF version, am I able to edit my details on the screen?

No. We do not offer an editable version of the Kit. It is always better write your instructions by hand so that there is no doubt as to who made the Will.

My husband/wife/partner and I are currently living overseas. Is the Legal Wills Made Easy Will Kit suitable for us?

The kit is suitable for Australians, residents from all Commonwealth countries, most other remaining countries and nationalities.

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 received 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.

Once you have obtained the kit, contact us at legalwills@greenmonts.com.au 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? (not applicable to Will kits sent using a voucher code)

Yes. If a payment is required, the payment form uses SSL technology to encrypt transaction data before it is transmitted over the Internet.

We use the Secure Pay payment system to process credit card payments. For more information about Secure Pay visit www.securepay.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).