Why shouldn’t I write my own Will?

We’ve all seen “lawyer-approved home Will kits” in newsagencies and heard them promoted on the radio. They promise a quick, low-cost alternative to consulting a solicitor. However, experience in New South Wales courts shows that do-it-yourself Wills often create costly problems for estates and deep stress for loved ones. A Will is not just a form; it is a legally binding document governed by the Succession Act 2006 (NSW). Getting it wrong can result in unnecessary delays, probate complications, and even litigation that far outweighs any upfront savings.

NSW requirements for a valid Will

For a Will to be valid in NSW, the Succession Act 2006 sets out strict requirements. Section 6 requires the Will to be in writing, signed by the will-maker (testator), and witnessed by at least two people who are present at the same time. While section 8 gives the Supreme Court discretion to accept an “informal Will,” this process is evidence-heavy and costly, often requiring affidavits from witnesses or handwriting experts. A properly drafted Will that meets these formalities avoids such risks and ensures your wishes are carried out with certainty.

Common problems with home-drawn Wills

• Ambiguity in clauses — uncertainty over what property is being given, who is to receive it, and whether conditions apply often requires the Court to interpret the Will.
• Overlooking beneficiaries — failing to provide substitutes if a beneficiary dies before the testator can lead to gifts lapsing unexpectedly.
• Blended family complexity — DIY kits rarely address obligations to children of previous relationships, increasing the likelihood of disputes.
• Improper execution — incorrectly witnessed documents may not be accepted as valid Wills at all.

Family Provision claims and litigation risk

Even valid Wills can be challenged under Chapter 3 of the Succession Act 2006 (NSW). Spouses, de facto partners, children, and other dependants may apply for a family provision order if they believe they have been left without adequate support. DIY Wills often omit key reasoning or fail to consider vulnerable beneficiaries, leaving the estate open to challenge. Solicitors can provide strategies, including testamentary trusts, to reduce risk and better protect your family’s financial security.

Assets outside the Will

Many people assume their Will covers everything they own. In fact, superannuation benefits, jointly held property, and insurance proceeds may fall outside the Will. Binding nominations, survivorship rules, and policy terms determine how these assets are distributed. A solicitor ensures your Will works in harmony with these arrangements so your estate plan is complete and consistent.

Executor selection and probate in NSW

Executors have the responsibility of administering the estate, which includes applying for probate, collecting assets, paying debts, and distributing inheritances. Poorly drafted Wills complicate their task, often leading to requisitions from the Supreme Court or disputes among beneficiaries. By consulting a solicitor, you ensure your executor receives clear instructions, easing their burden during what is often a difficult time.

Tax, trusts and tailored drafting

DIY Wills rarely address tax efficiency or asset protection. Testamentary trusts, for instance, can provide significant tax benefits for minor beneficiaries and shield assets from creditors or relationship breakdowns. Specific gifts need precise wording to avoid ademption, and residue clauses must be robust. A solicitor brings expertise to structure your Will to meet these needs effectively.

Why legal expertise saves money in the long run

Legal work, like electrical or dental work, should be carried out by trained professionals. While engaging a lawyer involves upfront cost, it prevents greater expenses caused by disputes, invalid Wills, or family provision claims. Investing in a solicitor-prepared Will ensures clarity, compliance with NSW law, and peace of mind for your family.