Are Will Kits Any Good? Why Legal Expertise Matters
4 minute read
In today's fast-paced world, where time is a precious commodity, many of us seek quick solutions to everyday challenges. However, when it comes to estate planning, opting for a 'home Will Kit' might not be the best choice. While these Will kits may appear cost-effective and straightforward, they often lead to legal complications during estate administration. You may ask yourself; are at home Will kits any good? Here are some common issues we have seen:
Incomplete Wills – Home Will kits may leave out crucial details, making the will incomplete and potentially causing confusion during asset distribution.
Improper Signatures – Incorrectly signed documents can render a Will invalid. Understanding the proper signing process is vital to ensure your wishes are legally binding.
Asset Mismanagement – DIY kits may not account for assets accurately, potentially leading to the improper allocation of property that wasn't owned by the deceased.
Lack of Witnesses – Wills require witnesses to be legally valid. Failure to have the proper witnesses can result in a Will being challenged in court.1
These errors often result in costly and time-consuming litigation, sometimes exceeding $30,000. In such cases, the expenses associated with court applications far outweigh the cost of consulting a legal professional. Furthermore, your family may bear the emotional and financial burden of contesting the legality of the Will in court, adding unnecessary stress during an already difficult time. In a notable case, Rogers v Rogers Young2, a poorly drafted home Will Kit led to a court interpretation of the deceased's intentions. Justice Sanderson aptly described homemade wills and Will Kits as a "curse," highlighting the troubles and expenses families endure when these matters end up in court. The real issue is that home Will Kits are easily accessible, available in local news agencies, post offices, and online downloads. However, this accessibility can be deceptive, giving individuals a false sense of security about asset protection and proper distribution. When considering your estate planning, seeking professional legal advice is the best course of action. Legal experts can guide you through every aspect of estate planning, ensuring the protection of your assets and the seamless execution of your wishes. Don't leave your legacy to chance. Contact Shine Lawyers today for expert legal assistance and peace of mind. Contact Shine Lawyers Now for Estate Planning Guidance 1 Heckenberg Lawyers, ‘Are Will Kits a good idea? (5 common problems) (Webpage, 2021). 2 Rogers v Rogers Young  WASC 208, 1.
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