Frequently Asked Questions
Why should I make a Will?
Anyone who is over the age of 18 and is of a sound mind can make a valid Will and should do so.
Anyone who made a Will a long time ago should consider making a new Will.
Anyone whose circumstances have changed — perhaps through marriage, change in defacto status, the birth (or anticipation of the birth) of children, divorce, remarriage, or the death of a close relative, for example — should make a new Will.
Anyone who is living in a de facto, same sex or co-dependent relationship, especially if some common assets are held in the other's name, should make sure that both make a Will.
If you get married, any Will you made when single/divorced is revoked (cancelled). There are some exceptions to this, but it is always advisable to make a new Will after marriage.
If you get divorced, any Will you made while married may be affected (this depends on the law of the different Australian States and Territories). In Victoria, for example, your divorce will revoke any gift in your Will to your former spouse, and any appointment of that spouse as Executor or Guardian. In other States, the effect of divorce is different. The safest thing to do is to make a new Will when you get divorced, and make another one if you remarry.
If you deliberately destroy your Will, it will be revoked.
Previous Wills and testamentary dispositions may be revoked by your new Will.
Why should I purchase the Guardian Wills Easy Will Kit?
The Kit explains, step by step, how to make your own Will without incurring unnecessary legal charges. The Kit covers:
Special legal terms
How to choose an executor
How to list your property
How to nominate your beneficiaries
What you must do to make sure your Will is a legally binding document
The Guardian Will Kit offers different Wills for different stages of your life. The Kit includes sample wills — covering different life circumstances — that will assist you to prepare your own Will. The Kit helps you provide for your family after you have gone, in the way you want provision to be made.
Can my husband/wife/partner and I make a joint legal Will?
In Australia, people are required to make individual Wills (regardless of their domestic or marriage arrangement or sexual orientation) meaning you and your partner (if you have one) are required to individually execute a Will. When you receive our Will kit you get a PDF file containing all the different types of Wills, this means you can you this Will Kit for you, your partner and your immediate family (as the case may be).
Both my husband/wife/partner and I want to make our Will, do we need two separate Kits?
Not if the kit is supplied to you electronically by email, i.e. as a PDF.
Where do I store my Will?
We recommend you keep a copy of your Will and keep the original somewhere safe, such as with your accountant or lawyer. However, Greenmonts Legal offer free secure storage to those who do not have those professionals working for them. For more information email us at .
Can I make a copy or copies of my Will to store at different locations?
Yes, but we suggest you write a note to be kept with each copy, advising of the whereabouts of the original Will.
Does the Kit allow me to nominate numerous beneficiaries or is this limited?
You can nominate numerous beneficiaries, subject to the space available on the blank Will form.
If I have received the Kit in hardcopy format, can I use the same Kit in the future to change my Will?
If I am to receive the Kit in hardcopy format, how long will it take to be delivered?
Delivery is by Australia Post. Normal delivery times within Australia apply.
My husband/wife/partner and I are currently living overseas. Is the Legal Wills Made Easy Will Kit suitable for us?
The kit is suitable for Australians, residents from all Commonwealth countries, most other remaining countries and nationalities.
How do I go about choosing an executor?
The Kit includes specific instructions for choosing your executor.
What are the requirements for ensuring my Will is properly witnessed?
The Kit includes specific instructions for ensuring your Will is properly witnessed.
How do I nominate my beneficiaries?
The Kit includes specific instructions for nominating your beneficiaries.
Will the Guardian Will Kit ensure my privacy is protected?