Key Points Summary
- DIY Will kits are low-cost but often come with high risk due to legal errors.
- In NSW, strict laws apply to how Wills must be signed and witnessed.
- Common DIY issues include vague language, omitted assets, and invalid execution and handwritten amendments.
- Professional legal advice offers compliance, clarity, and tailored estate planning.
- Complex family or financial situations make DIY Wills particularly risky.
Are DIY Will Kits Worth the Risk?
A simple mistake — like not having the right witnesses — can make the entire Will invalid.
Creating a Will is one of the most important steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. In Australia there are legal requirements that must be followed for a Will to be valid. While DIY Will kits offer a cheap and quick solution, they often fall short of meeting these requirements, exposing families to the risk of costly delays, higher legal fees, family disputes and lengthy court battles.
DIY kits typically cost between $30 and $100 and are marketed as a simple way to get your affairs in order. You can fill them out at home and store them yourself. But when it comes to something as serious as your legacy, shortcuts can lead to serious consequences.
Legal Requirements You Can’t Afford to Miss
Under the Succession Act 2006 (NSW), a valid Will must be in writing, signed by the person making it (the testator), and witnessed by two independent people who are present at the same time. One of the most common mistakes people make with DIY kits is failing to correctly execute the Will. This could mean signing without the right witnesses, using family members who are beneficiaries under the will as witnesses (which can invalidate parts of the Will), or not dating the document.
What Could Go Wrong?
While DIY kits might be appropriate for some people with very straightforward wishes and no significant assets or dependents, they don’t suit everyone. In fact, most families today — especially those with property, businesses, blended families, or minor children — will need something more comprehensive than a one-size-fits-all template.
A common issue with DIY wills is the use of vague or unclear language. Without legal training, it’s easy to use wording that could be interpreted in multiple ways. This can result in confusion, disputes among family members, or even challenges to the Will’s validity in the Supreme Court of NSW.
Other common problems include:
- Leaving out key clauses (such as who the executor should be or how residual assets should be handled).
- Unclear Asset Distribution which could lead to conflicting interpretations.
- Failure to update the will when your circumstances change.
- Not considering tax implications or asset protection strategies.
Why Professional Legal Advice Is the Safer Option
An Estate Planning lawyer can tailor your estate plan to suit your specific needs, offering strategies like testamentary trusts that provides the benefit of tax minimisation and asset protection which may not be available through DIY approaches. For those with substantial assets or complex family structures, it ensures that your estate plan adapts to your situation, potentially saving your loved ones from costly, time-consuming legal challenges.
Final Thoughts – It’s a small cost for lasting peace of mind
The first thing we say to people who want to write their own Will is: don’t do it.
DIY Will kits might seem like a convenient, low-cost solution, but they can come at a high price if they don’t meet the legal standards required in NSW. For most people, especially those with significant assets or family responsibilities, professional legal advice is not just a smarter choice — it’s essential.
Investing in a properly drafted Will ensures your loved ones are looked after, your wishes are respected, and your estate is handled smoothly.
Have the peace of mind speak to an experienced Wills & Estates lawyer at Clarity Lawyers for your Estate Planning.
