DIY Will Kit VS Lawyer: Which Is Better?
Written by: Karlene Wightman | Legal Team
One of the most common questions that a Wills and Estates Lawyer will receive is
“Why can I not just go to the post office and make a Will myself? Why should I pay a lawyer?”
The simple answer is that you could easily make a mistake completing the ‘Will kit’ and not realise the ramifications.
The long answer is that a person’s circumstances have many complexities that most likely cannot be addressed correctly using a Will kit. We will discuss the long answer in more detail below.
What Is A DIY Will? + Are They As Good As A Will Done By A Lawyer?
DIY Wills now come in many shapes and sizes.
Historically, DIY Wills were sold in paper form at your local post office. You complete a series of relatively straightforward questions, then sign in front of two witnesses. As the world has evolved, there are now also a range of options to complete your Will online. The platform used very much determines how much detail is in the DIY Will.
The number one downside of DIY Wills is that no advice or guidance is obtained in relation to how your Will should be structured or the ramifications of certain decisions. In contrast, when you meet with a lawyer to provide instructions for your Will, we will ask a series of questions and structure your Will based on the answers. We also point out possible ‘red flags’ based on your instructions. It is often the case that, while you may think your Will is simple and straightforward, certain personal circumstances make it more complicated.
How Complex Estates Impact The Making Of Your Will
There are many reasons that could make your estate complex, including but not limited to the following:
- Significant wealth;
- Blended families;
- Child (or other family member) with a disability;
- Relationship breakdowns; and
- Personal circumstances of beneficiaries.
There are many ways of approaching the above situations, but without the appropriate advice from a lawyer, it is easy to overlook something.
If we take, as an example, a child with a disability. There are several ways to protect your adult child with a disability, but this depends on the nature and severity of the disability and any Centrelink benefits received, just to name a few. A Will can be carefully drafted to protect not only the Will maker, but also the beneficiaries involved.
Want to know more about how to keep your assets as protected as possible? Check out this article we put together: Keeping Assets Protected In Your Will
What If There Is A Mistake On Your DIY Will?
It is easy for mistakes to occur when making a DIY Will.
Examples of more ‘administrative’ mistakes that lawyers have commonly encountered include:
- Incorrect spelling in the names of executors and/or beneficiaries;
- Mistakes with specific gifts;
- Not directing the residue to specific beneficiaries; and
- Incorrect executions, such as using different colour pens or not signing each page.
If the mistakes are not discovered until the testator dies, depending on the severity of the mistake, the Will could be considered invalid.
If this is the case, any previous Wills of the testator would apply. If the testator did not have a Will, the laws of intestacy would apply. Whether this has a huge impact on the wishes of the testator would depend greatly on their personal circumstances at the time. If the DIY Will is vastly different to a previous Will or the laws of intestacy, the invalidity of the DIY Will could significantly impact your family and lead to unwanted litigation.
Can A Lawyer Ensure Your Will Is Rock Solid?
There is no way for a lawyer to ensure that a will is “rock solid”.
As lawyers, the best we can do is document your personal circumstances and discuss possible solutions.
For example, a very common question that lawyers receive is:
“How much money do I need to leave a beneficiary to ensure they do not contest my estate?”
There is no exact answer to this question, and no formula to ensure an estate will not be contested. However, with professional advice, you can protect your estate as much as possible. Ways we do this are by way of file notes, letters to beneficiaries with explanations, gathering documentary evidence and storing it with your Will, to name a few.
So, DIY Kit Or Lawyer?
As stated above, DIY Wills generally ask a series of questions for you to answer, but do not consider personal circumstances.
Lawyers look at family relationships, circumstances of beneficiaries (such as any disabilities), superannuation, companies, trusts and the like. The direction a lawyer takes to draw up your Will generally evolves over the course of the meeting, and may change again after an initial draft has been completed.
Canny Legal + Your Will
Canny Legal have lawyers who specialise in Wills and Estates, including complex Wills and estate planning.
While a DIY Will is cheaper and quicker, it is incredibly fraught with danger. The cost and stress for your loved ones if you have passed away and your Will is invalid should far outweigh the out-of-pocket expense to have your Will drafted by an expert.
Get in touch with our team today to chat about your options.
