The appeal of a free online will is easy to understand. Estate planning can feel intimidating, time-consuming, and expensive—especially if your affairs seem straightforward. With a few clicks, many Australians are told they can create a legally valid will at no cost.
But are free online wills actually worth it once legal risks are weighed against the savings? This article explores how online wills in Australia work, when they can be appropriate, and when “free” may end up costing families far more in the long run.
What Is an Online (Digital) Will?
An online will—sometimes called a digital will—is a will created using an online platform rather than drafted by a solicitor. The user answers a series of questions, and the platform generates a will document based on those responses.
Despite being created online, Australian law does not recognise purely electronic wills in most everyday situations. The final document must still be printed, signed, and properly witnessed to be legally valid.
Free online wills typically offer:
- Basic templates
- Limited customisation
- Minimal legal guidance
How Online Wills Work in Australia
The legal rules for wills are governed by state and territory succession laws. While details vary slightly, the core requirements are similar across Australia.
For a will to be valid, it generally must:
- Be in writing
- Be signed by the person making the will
- Be witnessed by two adults present at the same time
- Have witnesses who are not beneficiaries
If these requirements are met, a digital will can be enforceable—regardless of whether it was created for free or paid.
Are Online Wills Legal in Australia?
A frequent question is are online wills legal? The answer is yes, provided they comply with execution requirements and reflect the testator’s genuine intentions.
Courts do not assess whether a will was free or paid for. They focus on:
- Proper execution
- Mental capacity
- Clarity of instructions
- Absence of undue influence
However, free online wills are statistically more likely to be challenged because they often lack careful drafting and legal safeguards.
When Free Online Wills May Be Legally Acceptable
Free digital wills can be suitable in limited, low-risk circumstances, such as when:
- The estate is small and uncomplicated
- Assets are limited to bank accounts and personal belongings
- There is a single beneficiary
- There are no former spouses, stepchildren, or dependants
- The will-maker’s wishes are straightforward
In these cases, the simplicity of a free platform may be enough—provided the will is executed correctly.
The Hidden Risks of Free Online Wills
The biggest issue with free online wills is not legality, but risk exposure.
Generic Templates
Free platforms rely heavily on standardised wording that may not reflect individual circumstances.
Increased Likelihood of Disputes
Ambiguous language can lead to family provision claims, especially where children, former partners, or dependants are involved.
No Personalised Legal Guidance
Free tools cannot flag red-flag issues such as blended families, unequal distributions, or asset protection concerns.
Execution Errors
Many invalid wills fail due to simple mistakes—improper witnessing, missing signatures, or incorrect dates.
Cost vs Risk: The Real Trade-Off
At face value, a free online will saves hundreds of dollars. But the true cost must be measured against potential consequences.
| Option | Upfront Cost | Risk Level |
|---|---|---|
| Free online will | $0 | High (for most families) |
| Paid online will | Low | Moderate |
| Lawyer-drafted will | Higher | Lowest |
A poorly drafted will can result in:
- Court disputes
- Delays in administering the estate
- Legal fees paid from the estate
- Reduced inheritances for beneficiaries
In many cases, the eventual cost far exceeds the price of professional advice.
Online Wills vs Lawyer-Drafted Wills
The key difference lies in risk management, not just price.
Online wills:
- Suitable for simple estates
- Lower upfront cost
- Limited flexibility
Lawyer-drafted wills:
- Tailored to personal and family circumstances
- Designed to minimise disputes
- Address superannuation, trusts, and asset ownership
- Account for state-specific succession risks
For many Australians, the question is not affordability, but whether their estate can truly be considered “simple.”
Who Should Consider a Free Online Will?
Free online wills may be appropriate for:
- Young adults with minimal assets
- Single individuals with no dependants
- Temporary or interim estate planning needs
Even then, careful execution and regular review are essential.
Who Should Avoid Free Online Wills?
Free online wills are generally not recommended for:
- Homeowners
- Families with children
- Blended families
- Business owners
- Anyone with superannuation or complex assets
- Situations involving unequal distributions
In these cases, legal advice can significantly reduce the risk of disputes.
Common Legal Mistakes in Free Online Wills
Some of the most frequent problems include:
- Using vague terms like “family” or “children”
- Forgetting to appoint substitute executors
- Overlooking superannuation nominations
- Failing to update wills after marriage, separation, or divorce
- Incorrect witnessing
These mistakes often only come to light after death, when they are difficult and costly to fix.
Practical Example: When “Free” Becomes Expensive
Emma used a free online will and left her estate “to my children equally.” She had one biological child and two stepchildren. After her death, disagreement arose over who qualified as a beneficiary.
The estate became tied up in court, legal fees mounted, and relationships deteriorated. A solicitor-drafted will could have avoided the uncertainty entirely.
Final Thoughts and Legal Disclaimer
Free online wills can be legally valid in Australia, but they are not risk-free. For truly simple estates, they may offer a short-term solution. For many Australians, however, the potential cost of disputes, delays, and legal challenges far outweighs the initial savings.
This article provides general information only and does not constitute legal advice. Estate planning laws vary by state, and individual circumstances differ. Professional legal advice should be sought before relying on a free online will.
