Drafting a will is one of the most important and selfless steps you can take to protect your loved ones and ensure your wishes are followed after your passing. With the rise of cost of living, online templates and do-it-yourself (“DIY”) kits, it can be tempting to prepare a will without legal advice, especially for a cheaper alternative. However, DIY wills often carry significant risks that can leave your estate exposed to challenges, disputes, and unnecessary costs and this article will explore why.
Ambiguity and Unclear Wording
A valid will must use precise legal language. Even small errors or vague instructions can lead to confusion about your intentions. For example, leaving “my property to my children” may raise interpretation issues as to what “property” means or even questions in blended families or where stepchildren are involved. DIY wills also often do not account for the “what if” scenario should a beneficiary predecease you. Ambiguities like these often result in disputes that could have been avoided with professional drafting.
Failure to Meet Legal Requirements
DIY Wills also often fail to comply with formal legal requirements, which can render them invalid. Each jurisdiction has strict legal requirements for a will to be valid. These include rules about witnesses, signatures, and the testator’s capacity. If these formalities are not followed exactly, the Will could be challenged or deemed invalid, leaving your estate to be distributed under intestacy laws rather than according to your wishes.
Overlooking Complex Circumstances
DIY wills tend to oversimplify situations that require careful legal planning and don’t always account for all assets. Issues such as complex family dynamics, blended families, estranged children, business ownership, superannuation, overseas property or trusts require tailored advice. Without this, assets may not be dealt with properly or distributed as intended, and may even be exposed to claims and tax implications.
Greater Risk of Disputes and Challenges
A will that is unclear, incomplete, or incorrectly executed is more likely to be challenged in court. Such disputes can cause significant delays, legal costs, and family conflict, reducing the value of your estate and the legacy you wish to leave.
So Why Engage a Lawyer?
Working with an experienced estate planning lawyer ensures that:
- Your will is valid and compliant with legal requirements.
- Your wishes are clearly documented and less likely to be challenged.
- Complex family and financial circumstances are properly considered.
- You have peace of mind knowing your loved ones will be protected.
A DIY Will may seem like a cost-effective solution but they carry significant risks and the cost of professional advice is often far less than the potential legal fees and emotional toll of disputes caused by a faulty DIY will. Our estate lawyers provide tailored estate planning advice to ensure your will reflects your wishes and safeguards your family’s future. Contact our team today to arrange a consultation and secure the peace of mind that comes with professional guidance.
About the Author: Ida obtained her Bachelor of Laws at Murdoch University in 2020, after graduating with a Bachelor of Criminology. Ida was admitted as a lawyer in 2022 and has worked in the Wills and Estates area since starting her career. She is passionate about providing a friendly service, helpful solutions, and navigating clients through challenging times.
