Affordable Wills NSW
Online Affordable Simple Wills
At Affordable Wills NSW,
our online Simple Will creation is simple and affordable.
You provide the information, answer the questions to generate your online Simple Will, and an Estate Planning Solicitor reviews your Simple Will for legal compliance.
We then email your Simple Will to you, with instructions to sign and store it.
The Process:
You read the information provided on this website, including the Scope of Service and the explanation of Estate Planning Terms.
You complete the online questionnaire that generates your Simple Will.
To help you, we provide clear guidelines.
The information you provide by completing the online questionnaire is your instructions, and once submitted, they can’t be changed.
This means you must be 100% sure the information you provide is accurate. Changes to your instructions could lead to additional costs.
You submit your completed Questionnaire and your Simple Will is automatically generated and ready to be reviewed by an Estate Planning Lawyer for legal compliance.
Once our Estate Planning Lawyer reviews your Simple Will, we email it to you with instructions on how to sign your Simple Will,
who can witness your signature, and how to store it.
The Cost: $440
Affordable Wills NSW Online Questionnaire- Generated Simple Will is designed for people who:
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 their 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.
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.
What is a Will?
A Will is a document that when you die, directs how you want your estate to be gifted and by whom. It is like a rule book or roadmap for your Estate. Your Estate is the assets you own when you die after any necessary debts have been paid.
Who should I appoint as my Executor?
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.
Questions about Simple Wills-Answered
Who are the Guardians of my Minor Children?
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.
What can’t I gift in a Will?
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”.
What if a friend or family member helps me complete my Simple Will Questionnaire?
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.
What do I need to consider when Estate Planning for Blended Families?
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.
What’s included in our
Affordable Wills NSW Online Questionnaire-Generated Simple Will?
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 expert Estate Planning Lawyer for legal compliance.
Review of the signed Affordable Wills NSW Questionnaire-Generated Simple Will by an Estate Planning Lawyer for legal compliance ONLY where the signed document 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 the Will.
What is an Executor of my Will?
An Executor is the Person or persons you appoint in your Will to follow the directions you leave in your Will.
Your Executor identifies all the assets and debts of your Estate and applies for Probate.
When granted Probate, the Executor then becomes the legal owner of the assets owned by your Estate, pays the required debts of the Estate, and then distributes the rest to the beneficiaries of your Will by following the directions you provide in your Will.
Your Executor also manages your taxes and lodges your final Tax Return.
What else should I think about for a Simple Will?
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.
What about Superannuation and my Estate?
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).
Why is a Simple Will not enough for a Complex Estate?
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.
Who are my Beneficiaries?
Beneficiaries to a Will are the person or persons that are named in a Will to receive assets and gifts from your Estate.
What is a Testamentary Trust?
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.
What if I leave someone out of my Will?
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.
Who are my Eligible Beneficiaries?
These are persons who can expect to inherit from your deceased Estate under s57 of the Succession Act 2006 NSW, and include:
(a) a person who was the spouse of the deceased person at the time of the deceased person’s death,
(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
(c) a child of the deceased person,
(d) a former spouse of the deceased person,
(e) a person—
(i) who was, at any particular time, wholly or partly dependent on the deceased person, and
(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,
(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
What can I gift in a Simple Will?
You can gift anything that you own in your name when you die.
A Will can only gift what you own in your own name when you die. This means that assets owned in a Trust or by a Company can’t be gifted in a Will (di Trapani v di Trapani [2026] QSC 26).
What is my Estate?
Your Estate is what you own when you die after any necessary debts have been paid.
What about Life Insurance and my Estate?
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.
What is a BDBN?
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.
What is a Protective Trust in a Will?
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.
What is a Comprehensive Estate Plan?
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.
What is a Family Provisions claim?
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.