Creating an Online Will? Make Sure it is Validly Executed

Owing to their ease, user-friendliness and cost-efficient nature, the popularity of online Wills has recently increased. If you decide to draft a Will on an online platform, it is important that the document is finalised and executed correctly to ensure its legal validity. This will avoid putting your Will at risk and the need for an application to the Supreme Court to confirm your Will, which can be costly.

This issue was recently considered by the New South Wales Supreme Court in the case of Maggie Riman – Estate of Rita Riman [2022] NSWSC 872, where the Court dealt with an application on the validity of a Will made online that was not signed before the will-maker died. Before passing away, Ms Riman, completed questions online to make her Will. Ms Riman completed several of the fields of the online Will including inserting her personal details, asset and liability information, who would act as her executor, and who would receive gifts.

Mrs Riman submitted those details through the online platform, but the Will itself was not generated by the platform and signed by Ms Riman before she died. This meant the Will was not validly executed in accordance with the law, namely section 6 of the Succession Act 2006 (NSW) (“the Act”). The Court exercised its power under section 8 of the Act and found that the online, informal Will should be considered a valid Will, even though it had not been executed. The Court drew upon several factors in making this conclusion –

• The terms of the Will were complete, and it was worded in intelligible language.
• The terms of the online Will were rational and consistent with the understanding that Ms Riman’s family had of her testamentary wishes.
• Messages sent between Ms Riman and a customer consultant from the online platform. In these messages, Ms Riman referred to “[her] Will”. Further, in an email to her lawyer, Ms Riman similarly referred to the “Will” that she had just drawn up.
• The fact that the intention to form the Will was formed within hours of Ms Riman passing away, which indicates that it was a ‘completed document’.
• An unsent text message to Ms Riman’s sister that referred to “the link to the Will [she] had made this morning”.

Whist the facts of this case led the Court to determine that the Will was valid, this does not mean the same conclusion will be reached for all Wills that are drafted on an online platform and not signed. This case highlights the importance of ensuring that your Will is executed in accordance with the formal requirements set out in the laws of your relevant State or Territory.

If you are unsure whether your Will has been executed correctly or want to enquire about preparing a Will with us, our team of Private Wealth Law specialists can assist you with a free initial consultation.