Affordable Wills NSW
Online, Affordable, Simple Wills
Frequently Asked Questions
The Process
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We offer every level of Estate Planning, from:
our Affordable Wills NSW Online Questionnaire- Generated Simple Will, to
Wills with Testamentary Trusts, Protective Trusts, and Super Proceeds Trusts, and
Complex Estate Planning, including review of your existing Trusts, companies, and business entities for seamless succession.
We also offer Legal Advice through our online booking system, which lets you choose a time that suits you. Book in and talk to an experienced NSW Estate Planning Solicitor.
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Read the Estate Planning information provided on the website, including what is and isn’t included in your Affordable Wills NSW Online Questionnaire- Generated Simple Will.
Assemble the information required. You will find this information here.
Complete the questionnaire, which then immediately generates your Simple Will.
Submit your Questionnaire.
An Estate planning Lawyer reviews your Will for legal compliance and emails the reviewed Will to you within 3 business days.
Together with your Simple Will, you also receive instructions on how to sign the Simple Will, who can and cannot witness you signing your Simple Will, and how to store your Simple Will once it is signed.
If you email a copy of the signed Simple Will back to Affordable Wills NSW, an Estate Planning Solicitor will review the signing of the Simple Will for legal compliance.
Got questions? Read our Estate Planning terms and FAQs
Want to talk to an Estate Planning lawyer without breaking the bank? We offer a 20-minute consultation with an Estate Planning Solicitor at a fixed fee of $110. You can book in through our website at any available time that suits you.
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At Affordable Wills NSW, we recognise that while everyone needs a Will, not everyone has the time to get it done. So we created a platform that allows you to generate your own Simple and Affordable Will by completing our Questionnaire.
The Simple Will is generated immediately from the answers you provide, but we like to go that extra step. We have an experienced Estate Planning Solicitor check over your Will for legal compliance before we email the Simple Will to you.
We also provide instructions on signing, witnessing, and storing your Will.
Once signed, if you would like us to check the signing complies with NSW Legal requirements, email the signed Simple Will back to us, and we will check for you.
It’s that simple.
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Included in our Affordable Wills NSW Online Questionnaire-Generated Simple Will is:
A Simple Will generated directly from the answers you provide in the online questionnaire.
Review of the Affordable Wills NSW Online Questionnaire-Generated Simple Will by an Estate Planning Solicitor for legal compliance.
Review of the signed Affordable Wills NSW Online Questionnaire-Generated Simple Will by an Estate Planning Solicitor for legal compliance ONLY where the signed Simple Will is emailed to info@affordablewills.com.au after signing.
Information on signing and storage of your Will, including who can and cannot witness your signing of your Simple Will.
Not included in our Affordable Wills NSW Online Questionnaire-Generated Simple Will is:
Legal advice of any kind.
Legal advice on Family Provisions Law.
An Estate Plan. Affordable Wills NSW Online Questionnaire-Generated Simple Will is not an Estate Plan.
Any information or advice in relation to Australian Taxation Laws including Income Tax, Capital Gains Tax and Superannuation Death Benefits Tax.
Review of your Life Insurance for Estate Planning purposes.
Review of your superannuation or BDBN [Binding Death Benefits Nominations] for Estate Planning purposes.
Review of the information you have provided in the Questionnaire which generates your Will. It remains your responsibility to ensure the details provided are accurate and up to date.
Verification of the identity of the Will Maker, also known as the Testator.
Verification of the capacity of the Will Maker at the time of signing.
Storage of your original signed Will.
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Not included in our Affordable Wills NSW Online Questionnaire-Generated Simple Will is:
Legal advice of any kind.
Legal advice on Family Provisions Law.
An Estate Plan. Affordable Wills NSW Online Questionnaire-Generated Simple Will is not an Estate Plan.
Any information or advice in relation to Australian Taxation Laws including Income Tax, Capital Gains Tax and Superannuation Death Benefits Tax.
Review of your Life Insurance for Estate Planning purposes.
Review of your superannuation or BDBN [Binding Death Benefits Nominations] for Estate Planning purposes.
Review of the information you have provided in the Questionnaire which generates your Will. It remains your responsibility to ensure the details provided are accurate and up to date.
Verification of the identity of the Will Maker, also known as the Testator.
Verification of the capacity of the Will Maker at the time of signing.
Storage of your original signed Will.
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YES, if you:
are willing and able to read the Estate Planning information provided on this website,
are able to assemble the necessary information and then answer the Affordable Wills NSW questionnaire,
are not leaving someone out of your Will,
have up to 4 Executors, 2 substitute Executors, and 6 Beneficiaries,
do not need Testamentary Trusts,
are willing to review their Simple Will every 2-3 years or at the occurrence of a major life event such as marriage, divorce, separation, children, or death of a sole Executor or major Beneficiary.
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At Affordable Wills NSW, we recognise you might also want Affordable Legal advice.
So we offer consultations
20-minute telephone consultation
for a fixed fee of $110
We provide Legal Advice on:
Simple Wills
Complex Estate Planning, SMSF, Blended Families, Trusts, Trustee Company, Business Succession,
Understanding and including Testamentary Trusts in your Will.
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The simple answer is no.
To be called a Will, a document needs to contain certain information and be properly signed and witnessed. Not having a legally compliant Will means that Testamentary Intention has to be proven. This can be costly to the Estate.
Our Affordable Wills NSW Online Questionnaire- Generated Simple Will helps you create your Simple Will online at an Affordable cost, and it is checked for legal compliance by an Estate Planning Lawyer.
If you want Affordable Legal Advice, we offer that too.
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At Affordable Wills NSW, our full range of Estate Planning services are all offered online. This means our services are more affordable, with minimal interruptions to your day and no need to attend an Office.
Our Affordable Wills NSW Online Questionnaire- Generated Simple Will allows you to create your Simple Will Online by completing our questionnaire. Your Online Simple Will is then checked by an Estate Planning Lawyer for legal compliance and provided to you by email.
Our online booking system allows you to book a consultation with an Estate Planning Lawyer if this is something you need. This is completely optional.
Our Website provides lots of Estate Planning information.
Our Affordable Wills NSW Online Questionnaire- Generated Simple Will helps you create your Simple Will online at an Affordable cost, and it is checked for legal compliance by an Estate Planning Lawyer.
If you want Affordable Legal Advice, we offer that too.
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Everyone needs a Will.
Almost half of Australians die without a Will, and this means succession and intestacy laws decide who inherits and how much.
In NSW, dying intestate (without a Will) means:
One of your Eligible Beneficiaries needs to apply to the NSW Supreme Court for approval to manage your Estate. If there is a dispute as to who should manage your Estate, this could be costly.
Assets are then distributed among the Eligible Beneficiaries according to a legislative formula.
Dying without a Will leads to uncertainty, stress, extra costs, and often leads to disputes within the family.
At Affordable Wills NSW, we have created a platform that allows you to create your own Questionnaire-Generated Simple Will in real time and then have it checked for legal compliance by an Estate Planning Solicitor.
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Only the Will Maker should complete the Affordable Wills NSW Online Questionnaire.
If the Will is challenged and found to have been completed by a person other than the Will-maker and that person then benefits from the Will, the Will may be determined to be fraudulent, or subject to undue influence.
The Will is then deemed invalid and set aside. A person found to have perpetrated Fraud or Undue Influence is liable to Civil and Criminal proceedings, financial restitution, and punitive damages.
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At Affordable Wills NSW Online Questionnaire-Generated Simple Will, your costs are simple, transparent, and affordable:
An online Simple Will costs $440 per person.
An online video consultation with an Estate Planning Lawyer costs $110 for 20 minutes. This is completely optional.How much does a Simple Will cost?
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At Affordable Will NSW, our mission is to help you create an affordable simple will with the greatest of ease and on your own time from the comfort of your home.
We offer simplicity, transparency, explanations in plain English and support when you need it.
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At Affordable Will NSW, our mission is to help you create an affordable simple will with the greatest of ease and on your own time from the comfort of your home.
We offer simplicity, transparency, explanations in plain English and support when you need it.
Essential Estate Planning Terms & Explanations
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When appointing your Executor, consider someone trustworthy who can understand and fulfill the obligations of the role.
Appointing more than one Executor is often a good idea as they can share the responsibilities.
When appointing more than one Executor, you need to decide whether they are to act Jointly, meaning they agree on all decisions, or Severally, meaning each can act independently of the other.
Jointly is almost always a better choice.
Appointing one or more Substitute Executors is also a good idea. These become your backup Executors and can step into the role of Executor if one or more of the appointed Executors is unable or unwilling to accept the role at the time of the Will-maker’s death.
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These are the persons you appoint in your Will to care for your minor children should both parents be deceased or under a legal disability to do so. The Guardians are appointed until a child turns 18.
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A home owned as Joint tenants. Most people own their home with their significant others as joint tenants. This means that when one joint tenant dies, the other tenant automatically owns the home. The Joint Tenancy rule applies to all property held as joint tenants, including joint bank accounts. Assets owned as Joint Tenants cannot be passed in a Will.
Superannuation and Life insurance are NOT assets that can be passed in a Will unless the nominated beneficiary of a Life Insurance policy or Superannuation is “the estate” or “Legal Personal Representative”.
Assets that are not in your Legal name, like assets legally owned by a Company or Trust, even if you control these assets. More complex Estate Planning is needed to gift assets in these entities.
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Together with a Simple Will, it is a good idea to review your
Life Insurance and Superannuation.
You should also create a document of information that gives your Executors access to digital and crypto accounts and outlines your wishes for burial, cremation, and funeral arrangements. Store this document safely so the wrong people can't find it, but also make sure the people you trust know where to find it.
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Life Insurance policies require you to nominate a Beneficiary. The Beneficiary is the person or people who receive your life insurance when you die.
Depending on your circumstances and your loans and mortgages, you might want to nominate your Estate as the beneficiary of some or all of your Life Insurance, and then have it distributed to Beneficiaries as directed in the Will.
If you nominate a young or vulnerable person as a beneficiary of your Life Insurance, be aware they will receive the insurance without any protections or oversight and may lose it all very quickly. However, if you instead nominate your Estate and create a Testamentary Trust for the young or vulnerable person, the money and your beneficiary are better protected.
Want some advice? Book an affordable consultation with one of our Estate Planning Lawyers.
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Superannuation doesn’t automatically pass in your Will.
However, you can nominate your Estate as a Beneficiary of all or part of your Superannuation with a Binding Death Benefit Nomination (BDBN).
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A Binding Death Benefit Nomination (BDBN) is a document that is signed before two witnesses and nominates who can receive your Superannuation Benefits. You can nominate one or more death benefit dependants, your Estate, or a combination.
Most Industry Super Funds have their own BDBN document.
Self-Managed Superfunds (SMSF) usually provide the BDBN as a schedule to the SMSF Trust Deed.
Some Industry Super Funds provide only a lapsing BDBNs which require you to complete a new one within a few years.
A non-lapsing BDBN is preferable because it means the nomination doesn’t expire, but it can be replaced with a new signed and witnessed BDBN.
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If you have a business, a discretionary trust, a self-managed superannuation fund, or a private company, a Simple Will won’t suit your Estate Planning needs.
This is because these entities might be under your control, but the assets held by these entities are the legal owners, and therefore these assets can't be passed to intended beneficiaries in a Will. More complex estate planning is required.
At Affordable Wills NSW, we offer affordable consultations for Complex Estate Planning with an experienced estate planning lawyer at a time that suits your busy schedule. To book, please follow our link.
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A testamentary trust is a trust created by a Will that becomes effective after the death of the Will-maker.
Testamentary Trusts protect assets that could otherwise be lost in relationship breakdowns, bankruptcy, or if given directly to vulnerable Beneficiaries or Beneficiaries who are not good at managing money.
Testamentary Trusts can provide for minor beneficiaries (under the age of 18) while protecting the assets until the Beneficiary is mature enough to receive them.
Testamentary Trusts can also provide tax benefits.
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A Protective Trust is a trust created by a Will to provide for vulnerable beneficiaries in a way that protects the assets and ensures they are used solely for the intended beneficiary.
Vulnerable beneficiaries include minor children, persons with a disability or mental illness, persons with addictions, including gambling, and persons with an inability to manage finances.
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A comprehensive Estate Plan is a strategy to protect you now and your family and assets in the future.
A Comprehensive Estate Plan includes:
Creating your:
Power of Attorney appointment to manage your finances and legal requirements if you are unable to do so, and
Enduring Guardian Attorney appointment to manage your health needs and well-being if you are unable to do so.
Review of your entities that hold your assets such as:
Life Insurance,
Superannuation and Binding Death Benefit Nomination (BDBN),
Discretionary and Unit Trusts. Including the Trustee, Appointors and Beneficiaries of these Trusts, and
Private Company, which may hold your assets or be the Trustee of a Trust that holds your assets,
Consideration of:
Testamentary Trusts,
Protective or Special Disability Trusts,
Business Succession,
Blended Families, and
Exposure to Family Provisions Claims.
If you have a Business, Trust, Self-Managed Superannuation Fund or Company, assets in these entities might be under your control, but not in your legal name and therefore can’t be passed in a Will. Review of these structures is required so that the assets pass to your intended Beneficiaries.
At Affordable Wills NSW, we offer affordable consultations for Complex Estate Planning with an experienced Estate Planning Lawyer at a time that suits your busy schedule. Please follow our link to book.
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A blended family is a family in which one or both parents have children from a previous relationship.
When Estate Planning for Blended families, you need to consider providing for your partner, all your biological children, and any other Eligible Beneficiaries. As blended Families are a common cause of Family Provisions claims against a deceased Estate, good Estate Planning is essential.
A good Estate Plan considers Superannuation, Life Insurance, Joint Tenancies, and Testamentary Trusts
Family provisions claims are costly for the Estate and can delay inheritances, cause emotional and financial stress, and trigger intense family conflict.
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There is a class of persons known as “eligible beneficiaries”. These are persons who can expect to inherit from your deceased Estate, and include your spouse, de facto partner, children, ex-spouse, and dependants.
Leaving an eligible beneficiary out of your Will can cost your estate money.
An eligible beneficiary can make a Family Provisions claim on your deceased estate. Family provisions claims are costly for the Estate and can delay inheritances, cause emotional and financial stress, and trigger intense family conflict.
You should seek legal advice before leaving someone out of your Will.
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There is a class of persons known as “eligible beneficiaries”. These are persons who can expect to inherit from your deceased Estate, and include your spouse, de facto partner, children, ex-spouse, and dependants.
Leaving an eligible beneficiary out of your Will can cost your estate money.
An eligible beneficiary can make a Family Provisions claim on your deceased estate. Family provisions claims are costly for the Estate and can delay inheritances, cause emotional and financial stress, and trigger intense family conflict.
You should seek legal advice before leaving someone out of your Will.
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Family Provisions Law in NSW allows an Eligible Beneficiary to make a claim to receive an inheritance from a deceased Estate.
Family Provisions claims occur when an Eligible Beneficiary is left out of a Will or insufficiently provided for in the deceased Estate.