VIDEO: The Risks of Homemade Wills - Beware of DIY Will Kits

A Will is one of the most important documents you will sign throughout your lifetime so it's crucial to have your Will prepared and executed correctly.

Nowadays, DIY Will kits can easily be purchased online, at your local post office or newsagency.  Although these kits can save some money, they can certainly cost your Estate and your loved ones if something goes wrong.

As a legal practitioner, I cannot stress enough how dangerous DIY Will kits are. Throughout my years of practice, I have witnessed a whole range of issues which have arisen due to people drafting their own Will.  For example -

1. Specific Wording in the Will

​An Estate can be distributed in certain ways such as specific gifts, legacies, percentages or residual bequests. It is important that the intentions and the wording in a Will are expressed clearly to avoid uncertainty and misinterpretation.  If a homemade Will is not written clearly, then there could be a potential risk that the laws of intestacy – or in other words it being considered that you may have passed away without a Will - can come into play.

2. Executing the Will

There are also certain requirements on how a Will should be signed. It is important the signing requirements are carried out correctly to avoid any issues at death.

3. Another issue that can arise is around Property that is held as Joint Tenants

With a joint tenancy, upon the death of a proprietor, the surviving proprietor will receive the deceased’s interest in the property by “right of survivorship”. If the Testator, (in lay terms the Will Maker) owns a property as Joint Tenants with another Registered Proprietor and the property is bequeathed to a different individual in your Will, then the gift will fail if the testator dies first.

4. Guardianship of Minor Children

Some homemade Wills do not cater or provide any information on guardianship of minor children or Testamentary Guardians. In the event a testator dies with minor children, then it is important to appoint a testamentary guardian in order for that guardian to make lifestyle decisions on behalf of the minors. A homemade Will can be deficient if you have not given the power to the Executor to advance funds for the benefit of any minor beneficiaries for the education, welfare or advancement of those minors.

5. Family Provision Claims (In lay terms challenging a Will)

A significant issue that can arise out of a DIY Will kit, is the risk that your Will may be challenged upon your death.   It is crucial that you obtain legal advice should you wish to exclude a certain person or people from your Will.

I am often asked by my clients whether we can include a provision in their Will to exclude a particular person or people. Unfortunately, this may be of little value as the Succession Act gives a right to Eligible Persons to make a Claim on your Estate. If a Testator has inserted a provision in their Will Kit noting the reasons why they intend to exclude a particular person or people, then they must revisit this as the law says you must provide just and adequate provisions for persons who are eligible.

A lot of people believe Homemade DIY Will Kits are cheaper and more convenient than arranging an appointment to see a Lawyer to prepare their Will.  However, in the long run, DIY Will Kits can cost your Estate and your loved ones a lot of time, money and heartache to resolve after your death.

Whether your Will is straight forward or complex, it should always be discussed with an experienced lawyer to ensure your best interests and those of your loved ones are looked after with the right care and consideration.

If you would like further information on how to prepare your Will to ensure your wishes are carried out, please contact me at Maclarens Lawyers.