In recent years, we have seen an increase in the number of people drafting their own Will using a “Do It Yourself” (“DIY”) Will Kit purchased from a Newsagent or Post Office or downloaded online and an even greater increase in the number of DIY Wills being ruled invalid or struck out completely due to simple, yet avoidable, drafting errors.

Your Will is one of the most important legal documents you will ever make in your lifetime, and the disadvantages in using a DIY Will Kit far outweigh any saving in costs. If your Will is not drafted correctly, your Estate (or your family or loved ones) will end up paying far more money to Lawyers trying to fix the mistakes that are made using DIY Will Kits. Further, if your DIY Will is struck out completely, then this can lead to unintended family members or even an ex-spouse inheriting your assets.

Many drafting errors easily occur with DIY Will Kits for four simple reasons

1. The instructions provided in DIY Will Kits can be very confusing to a person who is not legally trained and can result in a poorly drafted Will which does not clearly or fully dispose of the person’s entire estate or refer to assets which do not form part of the person’s estate such as superannuation, company and trust assets.

2. Matters which should be carefully considered such as adequate provision for your spouse and children, taxation, superannuation, and alternate distribution in the event of the failure of prior bequests are not adequately covered in most DIY Will Kits.

3. DIY Will Kits do not provide the necessary expert advice if a person’s family circumstances are complicated (e.g. blended families; beneficiaries with disabilities, financial issues, matrimonial issues, addiction or gambling issues, etc).

4. The strict legal formalities which must be complied with when completing and signing a Will are often not followed in DIY Wills and many DIY Wills we review have not been correctly signed and witnessed, and this can result in a DIY Will being invalid.

It is essential that you consult an experienced Wills & Estates Lawyer to discuss your estate planning needs in relation to making your Will to ensure your wishes are correctly recorded in a legally binding document.

According to the Consumer Reports, an evaluation of DIY will software solutions revealed potential problems. Some DIY wills can result in unintended consequences due to generic templates that might not adequately address state-specific requirements or complex individual circumstances. The lack of personalized legal advice and oversight increases the risk of creating a will that might be challenged in court or fail to carry out one’s actual intent.

At Ballantine Law, we provide expert advice from skilled estate planning lawyers. Please contact our dedicated and experienced Wills and Estates lawyers, Amelia Ballantine or Wendy Brillante to discuss your estate planning needs and to ensure you will and estate planning is done right the first time.