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“I am too busy.”
“My estate isn’t going to be complex.”
“I can’t afford it”
These are just some of the reasons why people avoid seeking legal advice when getting their affairs in order and opt instead for a Will kit. Readily available at a local Post Office and now, online, Will kits present themselves as a cheap and simple option.
Whilst there is no denying the cost advantage, Will kits can be far more troublesome than they appear.
Many people do not consider that these documents are still subject to stringent legislative requirements in order to be valid and mistakes are often made by the will-maker. As a result, their estate may incur costs in rectifying problems with the document and their estate may not be disposed of as they had originally intended.
Common Will-kit problems
Difficulties that may be encountered with obtaining a Grant of Probate for a Will-kit Will can include:
- If the testator has not signed the Will properly in accordance with the requirements of the Wills Act 1997. There are strict requirements that need to be adhered to when a Will is signed, including the attestation by witnesses. Whilst this issue can be overcome in some instances, it commonly presents a problem for home-made Wills include those made by kit.
- Stapling or attaching other important documents to a Will kit. If there are any indents on a Will (such as paper clip marks or removed staples), the Court may likely request further information as to what other documents were annexed to the document, and these documents may become a matter of public record.
- Failing to appoint a substitute executor if your nominated executor cannot act.
- Failing to dispose of your assets properly.
- Not knowing which of your assets fall under the scope of your Will and which assets do not form part of your estate.
- Executors being required to procure evidence from the witnesses to the Will after you pass away to establish how it was prepared and executed.
Dealing with complex estates and circumstances
Notwithstanding the above, there are certain instances where it may be completely unsuitable to use a Will kit due to your circumstances. Using a lawyer to prepare and execute a Will not only ensures it will be executed in compliance with the legislation, but provides you with the opportunity to receive essential advice around your estate planning decisions.
These situations include:
For advice regarding Wills and estate, no matter how simple or complex, we are happy to assist. Please contact our office to discuss on 03 9646 4477.
