Many people think Will Drafting is simple. They believe they can write a Will on their own. This is often because wills templates are easy to find online.
The low price makes it more appealing. This creates a false sense of confidence. But a Will is not just a form. It is a legal document. It must reflect the personal and financial reality of each person. Most family situations are not simple, so most Wills should not be either.
Misunderstanding Will Drafting
Some people assume a Will is just a list of who gets what. They think they can handle it alone. They may believe legal help is not necessary. This assumption is risky. Every Will must meet specific legal rules. A basic template might not be enough. One mistake could make the entire document invalid.
A Will must clearly express the person’s wishes. It must handle assets and people in a way that follows the law. Templates do not give guidance for this. They ask for names and items. They rarely explain legal rules.
Common Legal Issues Not Covered by Templated Wills
DIY Wills do not explain how to deal with many legal problems. People often do not know how to handle special cases. These can include:
- Blended families with children from different relationships
- Beneficiaries who have disabilities or need ongoing care
- People who cannot manage finances well
- Beneficiaries in bad relationships
- Beneficiaries with debts or bankruptcy
- Businesses or company shares
- Life insurance or superannuation
- Jointly owned houses or bank accounts
Each of these issues needs careful planning. A simple form does not address them. Without advice, the Will may not match the legal structure of the assets. That makes the document useless for some parts of the estate.
Asset Ownership and Estate Planning
People often assume all their property is part of their estate. This is not always true. Some assets never become part of a person’s estate. Others are included only in certain situations. Knowing which assets are covered is essential.
Jointly owned property usually passes to the other owner. It does not go into the estate. It cannot be left in the Will unless the ownership is changed first.
Superannuation does not automatically follow the Will. It depends on nominations made with the super fund. If there is no binding nomination, the fund trustee decides who receives the benefit.
Trust assets and company shares belong to the legal structure. They do not belong to the individual. They must be handled separately. They may require a different strategy.
These points are often overlooked. DIY kits do not explain them. People may leave instructions in a Will that cannot be followed. This leads to confusion and extra work for the executor.
The Risk of Disputes
Poor Will Drafting increases the risk of conflict. Family members may feel excluded or treated unfairly. They may challenge the Will in court. They may argue the person was pressured or confused. These claims delay the process. They also reduce the value of the estate.
Disputes often start when a Will is unclear. If the wording is vague or the plan is hard to follow, people may not agree on what it means. This creates tension. A court may need to decide the meaning. That is expensive and takes time.
A properly drafted Will helps prevent these problems. It shows clear thinking. It follows the legal rules. It can include notes or letters explaining why some choices were made. This gives the court and the family useful information. DIY documents rarely have these features.
The Need to Prove Capacity
A person must have the capacity to make a Will. This means they must understand what they are doing. They need to know the value of their assets. They must also know who might expect to be included in the Will.
If someone challenges the Will, they may say the person lacked capacity. This is hard to disprove without records. Legal professionals know how to check and record capacity. They can prepare evidence to support the Will. DIY kits do not provide this.
When there is doubt about a person’s mental ability, professional help is essential. This helps protect the Will from future challenges. It also gives confidence to those involved in the estate.
Legal Formalities Must Be Met
Every Will must meet basic legal requirements. These rules are simple, but they are strict. If the rules are not followed, the Will may not be valid.
The Will must be signed correctly. It must be witnessed properly. Two witnesses must see the person sign the Will. They must also sign the document. If this is not done right, the Will may be ignored.
Changes to a Will must also follow the rules. Crossing out words or adding notes may not be legal. Many people make these changes without realising they are invalid. Courts may reject these Wills or parts of them.
Professionals ensure the right steps are taken. They check that all parts are legal. DIY Will kits do not check this. Mistakes may go unnoticed until it is too late.
Using Trusts in a Will
Some Wills include trusts. A testamentary trust is created after death. It can help protect money and property. It can manage assets for children or vulnerable adults. It can also reduce tax or protect assets from claims.
Trusts are complex. They must be written clearly. The trustee must know what they can and cannot do. The terms must follow the law. DIY Wills usually do not include trusts. If they do, they may not be written well. This can cause confusion or legal problems.
Professional help is needed to include a trust in a Will. The terms must be clear. They must match the goals of the person. The right trustee must be chosen. All of this must be thought through in detail.
The Impact of Tax and Other Laws
Will Drafting must follow tax laws. These rules affect what happens to assets after death. There may be capital gains tax or other costs. The Will should plan for this. It should not create extra tax without reason.
For example, selling an asset may cause tax. Giving it to a person directly might be better. In some cases, using a trust might help. DIY Wills do not explain these rules. People may make plans that cost more than they need to.
Some beneficiaries may also lose benefits if they receive a large gift. A person on government support could be affected. The Will must consider this. Each case is different. Advice is needed to plan correctly.
Problems with Assets in Different Places
People sometimes own property in more than one country. This adds legal complexity. Each country may have different rules about Wills and inheritance.
A Will that works in one country may not be valid in another. There may be extra steps needed. Some countries require special documents. Others do not recognise Wills from elsewhere. A single DIY Will may not cover all situations.
In these cases, legal advice is important. Each Will must be written with all relevant laws in mind. This ensures the estate is managed correctly.
Why Personal Advice Matters
Each person has different needs. No two estates are the same. A Will must reflect these differences. Legal advice helps match the Will to the person’s life and goals.
A lawyer can ask the right questions. They can explain the law in simple terms. They help you think about problems before they arise. This kind of help cannot come from a form or template.
They can also help make the Will strong. They check for legal risks. They offer solutions to problems. They help make sure the Will is not challenged. All this helps protect the estate.
Avoiding Unclear Language
Words in a Will must be clear. They must not be open to different meanings. If a sentence can be read in more than one way, a court may need to decide what it means. This can delay the estate.
Simple, direct language works best. Legal terms must be used correctly. Each sentence must have one meaning. Vague words cause confusion.
DIY Wills often use unclear language. They may copy terms without explaining them. They may mix everyday words with legal ones. This leads to problems. A professional can write the Will in clear, legal English.
Keeping a Will Up to Date
A Will should reflect current wishes. Life changes. Wills must change too. If the Will is out of date, it may not work well.
Major life events include marriage, divorce, births, and deaths. These events may require changes to the Will. A Will should be reviewed often. Every few years is a good rule.
DIY Wills are not easy to update. People may forget where they stored the old one. They may make a new one without cancelling the last one. This can create confusion. A professional can keep records and help make updates.
Planning Beyond the Will
A Will is just one part of planning. Other tools are also needed. These include:
- Enduring Power of Attorney
- Appointment of guardian
- Advance health directive
- Superannuation nominations
Each document serves a different purpose. They must work together. DIY kits often focus only on the Will. They do not look at the whole plan. This creates gaps in protection.
An estate plan is stronger when all parts match. Professional help ensures this. It gives peace of mind and security.
Choosing the Right Executor
An executor manages the estate. They follow the Will. They pay debts and distribute assets. This is a big job.
Choosing the right person is important. They must be honest, organised, and willing to act. Sometimes more than one executor is needed. Sometimes a backup is needed.
DIY Wills may not explain how to choose. They may leave out what to do if the chosen person cannot act. This leads to delays. A professional helps you make the right choice and write it down clearly.