The LightYear Docs Will provides a detailed process map for an appointed Executor to manage and distribute a deceased’s estate. Built into the Will is the option of creating testamentary trusts over specific bequests or various parts of the estate. In addition enduring powers of attorney can be completed for testators with options for each state. PLUS this option includes a spousal Will with testamentary trusts and ensuring powers of attorney.
Can this document be digitally signed?
NOT RECOMMENDED. This document, or pack of documents, includes the establishment of a deed and/or a signature that requires witnessing. Abbott & Mourly have advised that a digital signature on any part of the assembled document is NOT legally binding. This is in accordance with all current legislation. LightYear Docs will regularly review this position as part of its internal review process. You can read more about digital signatures on the strategy centre by searching "digital signatures".
Every person should have a Will that directs a person, known and appointed as the Executor of the deceased person’s estate, to pay our bequests, establish life tenancies and trusts and attending to the management of the deceased’s legal estate. The LightYear Docs Will with Testamentary Trust options provides a sophisticated estate planning option for anyone seeking safety, certainty and security for their estate. It includes a spousal Will and also ensuring powers of attorney for the testator and their spouse. Four documents in one interview.
- It is simple and easy to complete the fact find and data capture
- Does not influence any discretionary trust or SMSF that the deceased was part of or acting as trustee for
- Covers specific bequests to beneficiaries
- Offers broad testamentary trust options
- Available and generally advised to receive additional legal sign off from lawyers Abbott & Mourly
- Comes with ensuring powers of attorney with the option of choosing the state where the testator resides
- Includes spousal option for both Will with Testamentary Trust and EPOA
- Four documents in one interview for compliance and simplicity
Frequently Asked Legal Questions
Is this document a legal document?
All master documents have been signed off by Abbott & Mourly lawyers. Tony Anamourlis of Abbott & Mourly advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LightYear Docs platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LightYear Docs platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”
However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by Abbott & Mourly.
The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria  VLR 394, 397 where the Court held:
“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”
Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.
Is the document easy to read?
All LightYear Docs products are written in plain English and assessed for readability. If at any time you come across any errors, please contact email@example.com.
Can I get a sample of this document?
Yes, please email firstname.lastname@example.org to request a sample document for you to review.
What is the Will for?
A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. If you die without a will, those wishes may not be followed. Further, your heirs may be forced to spend additional time, money, and emotional energy to settle your affairs after you're gone.
Why do a written will?
To maximize the likelihood that your wishes will be carried out, create what's known as a testamentary will. The most familiar type of will, this document is prepared by the person whose assets are being dispersed and is signed by them in the presence of witnesses. It's arguably the best insurance against successful challenges to your wishes by family or business associates after you die.
Can I make specific bequests to family members or trusts?
Under the LightYear Docs Will you can transfer, via the estate, a specific asset to a person or entity such as a property to a child, a vintage car to a grandchild, cash to a discretionary trust and many more options including testamentary trusts.
What is a Testamentary Trust?
A testamentary trust is a trust that is created on the death of a person and is for the benefit of a specific set of beneficiaries. The LightYear Docs Will has a wide range of testamentary trust options that the Executor can create directly from the estate.
Is there a Mirror Will for the Spouse
Exact copies of one will for a spouse to another can be problematic where there are testamentary trusts. However the LightYear Docs automation option makes it easy to build a spousal Will with testamentary trusts and also enduring power of attorney.
Why is the Enduring Power of Attorney included?
An ensuring power of attorney provides a person’s attorney with the authority to act on their behalf in personal, health and financial matters. We have included the EPOA solution in this interview to save time and resources.
Is there any training on the LightYear Docs Wills and Testamentary Trusts?
We have specialist Wills training in the Support Section on www.lightyeardocs.com.au
Is legal advice necessary?
If you are completing the Will for your own personal use, the system is simple and efficient and self-explanatory. If you would like to obtain legal help then you can book in a session with one of Abbott & Mourly lawyers who will look at your Will and take you through various sections to ensure that nothings has escaped the estate and also that it is legally valid and properly executed. To book in a video conference with one of our lawyers contact us: email@example.com
If you are an accountant or financial planner helping a client prepare a Will it is highly recommended to use the video conferencing solution – a low cost legal sign off option for your protection. To book in a video conference with one of our lawyers contact us: firstname.lastname@example.org
What lawyers sign off on the LightYear Docs?
All LightYear documents are prepared and signed off by Abbott & Mourly from Melbourne, Sydney and Brisbane.
Is the LightYear Docs reviewed regularly?
All LightYear Docs documents form part of the LightYear Docs internal document review cycle. All documents are scheduled to be reviewed at least annually or when required to do so, due to changes in legislation. The LightYear Docs review cycle ensures all of our documents remain current and accurate.
Can this document be digitally signed?
YES. In line with current legislation, our legal partner Abbott & Mourly have advised that digital signatures are legally binding on this document. (Note: Integration with HelloSign coming soon to Lightyear Docs). You can read more about digital signatures on the strategy centre by searching "digital signatures".
What happens after I purchase this document?
After you purchase this document, you will experience first-hand the power of our assembly engine, HotDocs. An interview session will appear in what is called the HotDocs iFrame. Through the use of the iFrame technology, we are able to create document templates in minutes, versus months of coding through other methods. The iFrame also allows for rapid integrations and documentation to be assembled instantly in "lines" or packs of documents.
Can I edit my document after it has been completed?
Your document will be available to edit from the LightYear Vault for 90 DAYS after you have completed the interview process, at which point it will be locked for future edits. Your completed documents will be listed under "My Vault" from the drop-down menu in the top right-hand corner after you login. This is also where you re-launch an "interview" to make edits within the first 90 DAYS.
Can I save a document to complete later?
Yes, provided you select save, you can exit the interview process at any time. All documents that have been purchased and not yet assembled will be saved under "My In Progress Docs" and are accessible from the drop-down menu in the top right-hand corner after you login. This is also where you re-launch an "interview" to continue the interview process and assemble your document.