The Problem with Homemade Wills

August 18, 2016 by admin · Leave a Comment 

Some people may choose not to engage a solicitor to draft their Will and instead do it themselves. This is usually done because they believe this is cheaper and less time consuming. However, drafting a ‘homemade Will’ is risky.

Risks associated with homemade Wills

Some of the reasons homemade wills are considered risky relate to:

  1. Formalities - There are strict formalities that must be carried out when drafting a Will. These relate to signing and witnessing. If these formalities are not carried out correctly, the Will is invalid
  2. Wording - Some words have a different legal meaning to their ordinary meaning. There is also a risk of using vague language. Both of these issues can lead to your Will being misinterpreted and your assets not being distributed in the way you intended
  3. Changing the Will - Changing a Will is a formal process. It cannot be changed by simply crossing out or adding in clauses

Consequences

A poorly written homemade Will can lead to a costly, time consuming and distressing process in trying to correctly distribute your assets. Whilst it may appear cheaper to make your Will without the assistance of a solicitor you risk thousands of dollars of legal fees being paid by your Estate to sort out the problem.

How can we help?

We can assist you in writing your Will. We will make sure it is correctly signed, dated and witnessed and expresses your intentions clearly. We will ensure ‘eligible persons’ are considered to reduce the likelihood of your Will being challenged. Our office is fitted with a fire-proof safe to store your Will.

 

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