Beware! Risk of using Online Wills and Will Kits

(Written by Matthew Morrison)

Should I see a Solicitor to Prepare my Will?

Prepare your own Will kits (Will kits) and Online Wills are often used as a cheaper alternative to having these documents prepared by a Solicitor. However, these alternatives present several significant risk factors for the validity and enforceability of these Wills and subsequently the individual’s wishes.

Generally, the process of creating a Will through these kits or online platforms often lacks the proper attention that is essential for ensuring the validity and integrity of the document. The Will maker receives no feedback or advice regarding their wishes, unlike traditional methods where a solicitor takes detailed instructions through personal interviews, provides advice regarding the instructions, and ensuring that the document is signed and witnessed correctly. Two of the more significant concerns for these alternatives are that No Advice is being provided and the Proper Execution.

No Advice Given

Will kits and Online Wills are basic documents, that do not provide the Will maker with any advice that is specifically tailored to their instructions or circumstances.  Solicitors provide advice to their clients to all the potential outcomes that are reasonably foreseeable in their specific circumstances and based on their instructions for the distribution of the Estate. Further, solicitors can then draft a Will appropriate to these instructions, these could include Testamentary Trusts, the care and maintenance for beloved pets, or provisions for a Right to Reside in a property, all of which are simply not available through these alternatives.

Completing a Will without the proper advice could result in the assets of your estate going to the wrong person or to the right person but through a method that you had not intended, for example in a lump sum of money when you intended to create a Trust. It may also result in the Will being invalid or significant parts of the Will being void.

Proper Execution

Correctly signing and witnessing a Will is vital in its validity and enforceability later down the road. This extends further to not only how and where the document is signed but also who has signed and who the witnesses are. Seeking a solicitor’s advice regarding the proper execution can alleviate this concern. Most solicitors will also offer the ability for the Will once signed to be held in their office in what is often referred to as Safe Custody. This can be a significant assistance as the Supreme Court of NSW requires the original Will to be sent to them for a Grant of Probate, which is required in the Administration of many Estates. Any damages, marks or the original Will missing will be noted by the Supreme Court and may lead to the Will being void. 

In conclusion, while the convenience and price of Will kits and Online Wills may be appealing, they pose significant risks that can undermine the validity and enforceability of the Will. It is always advisable to seek professional legal advice to ensure that a Will is properly drafted, executed, and reflective of the Will maker's true intentions.