What is the difference between a DIY Will kit and having documents drafted by a lawyer?

When you have made the decision to have your Will prepared, you may give consideration to using a “Do It Yourself” Kit and follow the standardised clauses contained within these kits.

However, the difficulty with a DIY Will Kit is that it may not adequately accommodate your individual circumstances and your testamentary intentions. That is, it may not have sufficient detail available to deal with any particular bequests that you may care to make. It may also fail to meet the minimum legal requirements that need to be met in order to have a valid Will.

For example, to ensure a Will is valid you need to ensure any previous Wills or testamentary instruments have been revoked, you need to use clear and concise language to avoid ambiguity and unenforceability, you have to ensure the bequests you make are capable of being bequeathed, and importantly, that you have executed the Will correctly.

If any of the these requirements are not fully and properly complied with, it may be a lengthy and costly exercise for the Estate to resolve these issues and a burden on your family members, friends and individuals whom you have sought to benefit from your Estate.

In comparison, if the Will is drafted by an expert lawyer, such as those at Brydens Lawyers, you will be assisted with the provision of expert legal advice about the requirements for a valid Will and what in particular you must give thought to when preparing the Will, including but not limited to: 

  • Who will you appoint as your executor and trustee? Will you appoint more than one executor and trustee or an alternative executor and trustee?
  • Who will you leave your Estate to and whether you will leave specific legacies or gifts to certain individuals, including superannuation, real property, and what can be done in circumstances where a beneficiary dies before you?
  • Whether there is a legal obligation for you to leave a portion of your Estate to an estranged child/children and how to deal with these situations?
  • If beneficiaries are minor children, at what age would you like them to benefit and how this will be managed until they attain the specified age?
  • If you have minor children, who will you appoint as their guardian upon your passing?
  • Will you have certain directions on how you would like certain things to be done after your passing, for example, whether you would like to be buried or cremated?  

At Brydens Lawyers we will obtain your complete instructions, provide you with expert legal advice and prepare a valid Will that clearly states your testamentary intentions.

There is no reason to put off preparation of your Will. Brydens Lawyers is available to you today to assist. Contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. At Brydens Lawyers – #WEDO Wills.