Online will-writing services appear everywhere, promising that you can complete your entire estate plan from the comfort of your home. It sounds simple and convenient, but if it seems too good to be true, it usually is.

Good estate planning is about far more than who gets what. It starts with a proper understanding of your assets, your family, your intentions, and it requires careful, expert advice to ensure your wishes are not just recorded, but upheld.

What these services give you

Most online will kits do one thing: produce a basic will.

They ask some questions, ask you who gets what, and generate a document based on your answers. That’s it.

What they don’t do is give you advice. They don’t know your circumstances. They don’t flag issues you didn’t know to ask about. And they won’t tell you what you’re missing. Here are some of the most important things they’ll never raise.

Your superannuation isn’t covered by your will

This surprises many people. Your superannuation sits outside your estate, which means your will has no bearing on where it goes. Instead, that decision falls to the trustee of your super fund – unless you have a valid binding death benefit nomination in place.

Without one, your super may not reach the people you intended. And if your nomination is outdated or invalid, a fund trustee will decide who receives what is, for most people, one of their largest and hardest-earned assets.

Assets held as joint tenants aren’t covered either

If you own property, or bank accounts, as a joint tenant with someone else, those assets automatically pass to the surviving owner when you die, regardless of what your will says.

This may be exactly what you want, but it isn’t always. In blended families, or where asset protection or tax efficiency is a concern, this automatic gift can create unintended consequences.

Many people do not realise which assets they can legally gift in their will. A common issue with DIY wills is attempting to gift jointly owned property, assets they do not actually own, or assets held by a family trust or company. Those gifts will fail and may create serious – and expensive – complications for loved ones left behind.

Are you missing out on the protection a testamentary trust can offer?

A testamentary trust is created by your will and comes into effect on your death. It can shield assets for vulnerable beneficiaries, such as young children or those going through a relationship breakdown, offer flexibility in how income is distributed among your family, and in some cases deliver meaningful tax advantages.

For many people, it is a straightforward addition to their estate plan that makes a significant difference to what their loved ones receive, when, and in what capacity.

The risk of a contested estate

Certain people, including children, spouses, and others (see our previous blog on eligible persons), have the right to make a claim on your estate if they feel they have not been adequately provided for. These can be costly and distressing for the people you leave behind.

When you prepare your will with us, we will explain who has the right to bring a claim against your estate, considering your specific relationships and obligations, and we will advise you on steps that can be taken to minimise the chances of a successful challenge.

Capacity and execution – getting the basics wrong

Even setting aside all the above, a will can be invalid if not properly executed. The requirements are highly technical, and the person making the will must have the legal capacity to do so. Mistakes here can render the entire document worthless.

These online services are not in the room with you. They can’t assess capacity. They can’t supervise execution or witness signatures. And if something goes wrong, you won’t know until it’s too late.

Why tailored advice matters

Estate planning is an intimate process that requires an understanding of your family, your assets, your relationships, and your wishes.

A well-drawn estate plan considers not just who gets what, but how, when, and in what structure, it protects the people you care about, and it gives you confidence that your loved ones will be looked after.

If you have superannuation, young children, property, a blended family, a business, or any complexity at all, you deserve proper advice.

We’d be happy to help. Get in touch with us on 42 222 666 to discuss your estate planning needs.