A do-it-yourself Will kit readily available online looks like a sensible saving. For a small outlay you fill in some blanks, sign the form, and feel that an important job is done. Unfortunately, the errors these kits invite are usually invisible until it is too late to fix them; after death, when the person who could explain their intentions is no longer here.
The most common problem is improper signing and witnessing. A Will has strict execution requirements, and when a Will is not signed and witnessed correctly, it may be invalid, and an invalid Will is treated as no Will at all. That means the estate is distributed under intestacy rules, a rigid formula set by legislation that takes no account of the deceased’s actual wishes. A long-term partner who was never married can be left with nothing. A favourite charity, a step-child, or a friend who cared for the will-maker in their final years can be excluded entirely, regardless of what the deceased intended.
Home-made Wills often rely on everyday language: “my belongings,” “the rest to be shared fairly,” “my share of the house.” These phrases feel clear to the person writing them, because they carry context only that person holds in their head. To an executor, or to a court, they mean nothing precise.
Does “my belongings” include the car, the investment portfolio, the jewellery that was promised to a specific grandchild? Does “shared fairly” mean equally, or in proportion to need? When wording like this is challenged, resolving the ambiguity usually requires a court application, with legal costs, delays of months or years, and family relationships strained in the process. The expense of untangling one careless sentence can dwarf the entire cost of having the Will properly drafted in the first place.
DIY kits also tend to overlook assets that do not pass under a Will at all, such as superannuation and jointly owned property, and they rarely account for blended families, business interests or beneficiaries who cannot manage money themselves. They cannot flag the risk of a family provision claim, nor structure the estate to reduce it.
A properly drafted Will is not just a document; it is advice tailored to your circumstances. The cost of getting it right is modest. The cost of getting it wrong is borne by the people you most wanted to protect.
This article provides general information only and is not legal advice. You should obtain advice specific to your circumstances. For advice about your situation, please contact Owen Hodge Lawyers.