An offer for Diabetes Victoria’s supporters – A free online will

Having a valid will in place is an important way of protecting our loved ones while creating an impactful legacy for change. Yet for many Victorians, creating or updating their will is a task that's easily postponed.

We know life gets busy, and many assume the process of writing a will is expensive or complicated. Nowadays, writing your will has never been easier or more accessible. Diabetes Victoria has partnered with two leading online will-writing platforms, offering our diabetes community and their families the opportunity to prepare a legally valid will completely free during September. 

While creating your online will is simple, a will is only effective and legally valid if it's completed correctly, stored safely and can be found when it's needed.

Here's what you need to know before and after writing your will online.

Making A Valid Will

Making an online will is legally valid if it complies with the legal requirements in your Australian state or territory. For Victoria, a legally valid will is one which has been printed and signed by yourself and two witnesses. There are additional legal requirements to consider, including that at the time of creating your will, you must have the mental capacity (also known as testamentary capacity).

It doesn’t matter if your will is created online or by a solicitor; the law in Victoria is that it must still meet the same legal standards. Generally, this means it must be:

• made voluntarily
• prepared by someone with testamentary capacity
• signed correctly
• witnessed in accordance with the law.

You can find more information via the Victorian Legal Aid website or by clicking here. Making a valid Will | Victoria Legal Aid

When Should I Seek Legal Advice?

Online will-writing services work well for many straightforward situations.

However, personalised legal advice from a practising lawyer or solicitor is valuable if you have:

• a blended family
• overseas assets
• a family business
• trusts
• significant superannuation arrangements
• complex investments
• concerns that your will may be challenged.

An experienced estate planning solicitor/lawyer can help ensure your wishes are clearly documented while reducing the risk of future disputes and unnecessary costs.

If writing your will online suits your circumstances, our partners at Safewill and Everywill guide you through preparing your will documents online; however, once you have completed this process, you need to complete the steps highlighted earlier, ensuring your will is properly executed, which remains your responsibility.

If your circumstances and estate are more complex, consider seeking personalised advice from an experienced estate planning lawyer.

Here's What You Need to Know When Creating Your Will Online

If writing your will has been sitting on your to-do list, there's never been a better time to get started.

You can access Diabetes Victoria’s free online will-writing offer here with either Safewill or Everywill.

There is never any obligation to nominate a gift to support Diabetes Victoria; however, for those who wish to do so, choosing a residuary gift percentage, that feels right to you, is a way to ensure that your loved ones are provided for in the first instance and the cause you care about benefits too.

Many solicitors recommend this approach because it naturally reflects changes in the value of your estate over time without needing regular adjustment.

Most importantly, it allows you to look after those closest to you first while creating a powerful legacy for future generations.

Every gift in a will helps fund vital diabetes research, education, prevention and essential advocacy, supporting people living with or at risk of diabetes for generations to come.

If you decide to create your will using a solicitor or lawyer, please provide them with the wording below to ensure they use our correct legal details, which ensures your gift goes directly to where you plan:

I give my residuary estate; OR (insert percentage) % of my residuary estate; OR the sum of $ (insert amount); OR (insert specific assets, such as real estate, shares, artwork etc.) to Diabetes Victoria, ABN 71 005 239 510, for its general purpose; OR (insert area) within Diabetes Victoria. I declare that the receipt of the proper officer of Diabetes Victoria shall be sufficient discharge to my Executors.

To learn more about the positive impact you can make, please visit the Diabetes Victoria webpage; A gift in your will - Diabetes Victoria or call Carla Northmore on 0413 557 141 for a confidential chat.

Making Your Will a Legal Document

Your will is only a legal document once you’ve signed it in front of two or more witnesses. Your witnesses must then also sign your will while you are present, at the foot of each page, if there are multiple pages.

Taking a few extra minutes to ensure everything is completed correctly today may save your loved one's significant time, expense and uncertainty in the future.

After your will has been signed and witnessed, think carefully about where the original document should be kept. Good storage options may include:

• your solicitor
• a secure home safe
• your executor
• your charity beneficiary
• another safe storage location appropriate to your circumstances.

Although scanned copies can be useful references, typically the original signed document is required during the estate administration process.

So, wherever you choose to keep your will, make sure to tell your executor where it is; that way it can be located when it's needed.

And remember, clear communication and correct documentation are the simplest yet most valuable parts of good estate planning.

If you've decided to nominate a gift to a charity, you may wonder whether you should let them know. There's absolutely no obligation to do so. However, if you're comfortable doing so, Diabetes Victoriawould be honoured to know you've included a gift in support of a world where diabetes can do no harm, so we can express our gratitude to you.

For any assistance, our Planned Giving Co-ordinator Carla is always happy to have a chat. 

Disclaimer: this article is intended to provide general guidance. It is not legal advice. We recommend speaking with a practicing lawyers or solicitor for personalised legal advice.