Why Your DIY Will Could Cost You More Than One Prepared by a Solicitor
Isabelle Hrubos
Ever seen those homemade “Will Kits” sitting right next to Lotto tickets in newsagencies or bookstores? Even some post offices stock these “Do It Yourself” Will Kits — packages with blank documents and basic instructions on how to make your own Will, often costing less than a lunch at a mid-range restaurant.
For just $30, you could have all your “life after death” sorted. But what is the true cost of these Wills?
Consider the case of Roger v Roger Young [2016] WASC 208. Kathleen Rogers left everything to her daughter, Alexandra, who was under 18 at the time of her mother’s death. The Estate, as stipulated in the at-home Will Kit, was meant to be held in trust until Alexandra turned 25. However, the Will was riddled with ambiguity. Solicitors could not determine beyond doubt what exactly “25 years of age” meant, and Alexandra ended up spending $100,000 to challenge the Will and $100,000 to defend it, not to mention the time lost in legal proceedings.
Master Sanderson, the now-retired Master of the Supreme Court of Western Australia, commented:
“On numerous occasions when dealing with so-called homemade Wills, I have observed they are a curse. Homemade Wills that use what is sometimes known as a ‘Will kit’ are no better. This case proves the point… if the Will had been completed by a competent legal practitioner, the problem would not have arisen, and a great deal of trouble and expense would have been spared.”
But the nightmare doesn’t end there. Informal Wills created without a lawyer’s guidance are also more likely to be entirely invalid due to improper witnessing or incorrect signing. Even minor ambiguities can lead to costly litigation which exceeds the price of a properly drafted Will. They are also more vulnerable to Family Provision Claims, for example, if a child is left out or an ex-spouse believes they were inadequately provided for.
While a properly drafted Will may cost next to $1,000 or more, that small investment pales in comparison to the emotional and financial cost of having your wishes compromised after your death. A clear, legally sound Will ensures your estate is distributed exactly as you intend, protecting both your legacy and your loved ones.
Further to this, an Enduring Power of Attorney covers your life while you are still alive. This legal document allows you to appoint someone you trust to make financial or personal decisions on your behalf if you become unable to do so. Just like homemade Wills, improperly drafted or unclear Powers of Attorney can create confusion, disputes, and costly legal battles. Ensuring your Enduring Power of Attorney is correctly prepared by a qualified legal professional provides clarity, safeguards your interests, and gives both you and your family peace of mind.
Contact us today to arrange a consultation and ensure your Will reflects your wishes, protects your family, and gives you peace of mind.
Isabelle Hrubos
January 26
Disclaimer: This publication contains comments of a general and introductory nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional legal advice. You should always speak to us and obtain legal advice before taking any action relating to matters raised in this publication.
