The shortcuts taken in preparing a will can lead to bumpy roads

Everyone wants a bargain these days. One way people sometimes try to save money is by doing their own will or using a will kit from a newsagent or off the internet.

We were involved in a District Court case that demonstrates that saving money in this way can end up costing thousands in the end.

A woman decided that she’d do her own will, with a kit she purchased herself. She had four children, one of whom looked after her in her old age.

She did her own will, saying that she left her “house contents and car” to her supportive child, and then spent the rest of her will saying her estranged children deserved nothing.

One of those other children had a lawyer who was smart enough to realise, and argue in court when challenging the will, that she had only dealt with the “house contents” (that is, the furniture) and hadn’t left her home (her “house”) to anyone. She’d left out the word “and”. Even a comma would have done.

That amounts to what’s called a partial intestacy, which meant the house goes to her next of kin: her four children, in equal shares.

While that clearly wasn’t her intention, that’s what the will said when read carefully.

Eventually, we were able to convince the court her intention was clear, if her wording wasn’t, and the judge inserted a comma between the words “house” and “contents” and the intended child received the house after all.

A recent Supreme Court decision similarly clearly demonstrates the fallacy of the ‘do-it-yourself’ approach. A wealthy older couple, decided that instead of getting a lawyer to update their old wills, they’d do it themselves with some input from their accountant.

Unfortunately for them and their family, the documents produced weren’t clear, and Supreme Court proceedings took place involving 10 parties: the executors, the children, some family companies and a family trust – all asking the court to decide what in fact the wills actually meant.

A case of ‘penny wise, pound foolish’?

Supreme Court proceedings with 10 parties, involving numerous lawyers and barristers, certainly don’t come cheap.

The will was very cheap. The aftermath tidying it up cost the estate thousands.

The bottom line is: don’t do it yourself.

Get expert advice and get it right.

 Don Macpherson, from Sunshine Coast & Brisbane Elder Law, has over 30 years’ experience in dealing with wills and estate law, including drafting, challenging, or defending wills. Call 1800 328 952 or visit sunshinecoastelderlaw.com.au or brisbaneelderlaw.com.au