During September, many Australians will see advertisements promoting free or discounted online Will services as part of campaigns like ‘Include a Charity Week’. While encouraging people to make a Will and consider charitable giving is undoubtedly a good thing, we believe there is an important conversation missing from the marketing.
A Will is one of the most important legal documents you will ever sign. It deserves more than an online questionnaire.
At Beck Legal, we regularly assist clients who want to leave a gift to a charity or community organisation they care about. Charitable bequests can have an incredible impact, and we strongly support them. However, those gifts should form part of a carefully considered estate plan, not a one-size-fits-all template.
You Don’t Know What You Don’t Know
The biggest risk with online Will services isn’t necessarily what they ask. It’s what they don’t ask.
As estate planning lawyers, we know every family is different. What appears simple on the surface can quickly become complex. Blended families, vulnerable beneficiaries, estranged children, family trusts, business interests, tax implications and potential challenges to an estate can all significantly affect how a Will should be drafted.
An online platform can’t sit across the table from you, ask the difficult follow-up questions, or identify legal risks you may not even know exist.
There are also strict legal requirements when signing and witnessing a Will – online platforms don’t sit with you to make sure you’re signing it correctly.
More Than a Document
A solicitor’s role is not simply to write down who gets what.
We assess whether your wishes are clear, practical and legally effective. We consider the suitability of executors, potential family provision claims, asset protection issues and the needs of your beneficiaries. We also assess testamentary capacity and ensure your instructions are being given freely and without pressure from others.
We make sure the Will is properly signed and witnessed.
These are critical safeguards that a computer simply cannot provide.
Advice Matters
Online platforms generate documents. Solicitors provide advice. That’s an important distinction.
When a lawyer prepares your Will, you’re not just receiving paperwork. You’re receiving professional guidance tailored to your circumstances, backed by experience, accountability and a duty of care.
Our lawyers deal every day with the consequences of Wills that have been improperly drafted, incorrectly signed or prepared without proper consideration of a person’s circumstances.
Unfortunately, these problems often only come to light after someone has died, when the Will cannot simply be corrected or signed again. What may have seemed like a quick or inexpensive option at the time can result in uncertainty, disputes, delays in administering the estate and thousands of dollars in legal costs — often far exceeding the cost of having the Will properly prepared in the first place.
Your Legacy Is Too Important
We’re pleased to see more people thinking about their estate planning and considering gifts to charities that matter to them. That’s a positive outcome.
But when it comes to protecting your family, preserving your wishes and ensuring your legacy is carried out exactly as intended, there is no substitute for personalised legal advice.
Matter for a Cause
For every Will made at Beck Legal between now and November 30, Beck Legal is donating $250 directly towards the redevelopment of Palliative Care at no extra cost to you. To make your Will appointment please go to www.becklegal.com.au/matterforacause or call 03 5445 3333.
