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DIY will kits are marketed as a quick and affordable way to create a will, but Mildwaters Byrth Lawyers & Conveyancers say these kits often fail to highlight the potential for costly mistakes.

The kits promise convenience and savings, allowing individuals to draft their own wills, but the most effective way to create a legally sound will is to consult a solicitor.

“Things we might take lightly have extra significance under the law,” Mildwaters Byrth principal and lawyer Kylie Mildwaters says.

“For instance, they (the kits) may not properly address the distribution of jointly owned property or assets held in trusts.

“Such oversights can result in partial intestacies, where parts of the estate are not covered by the will, necessitating court intervention to determine the rightful distribution.”

But the kits might also fail when it comes to the simple state of a document and its presentation.

“For example, a client brought me a will-kit will her husband had left; it had perforation marks on the side, so I asked her where the booklet was,” Ms Mildwaters says.

“She said she had torn the will out of the booklet on the day she came to see me and had left the booklet at home.

“By tearing the will out of the booklet, an additional affidavit had to be prepared to explain who tore it out, why, and the chain of custody from where it was collected to how it ended up in my office, ensuring no one else had tampered with it.”

But that’s not all — another affidavit was also required from a witness to the will confirming that the witnessing requirements were met.

“All this extra work meant the estate cost about $8000 to administer when it would otherwise have only cost about $5000,” Ms Mildwaters says.

While DIY wills frequently fail to account for intricate legal and financial details, Mildwaters Byrth has the expertise to navigate estate planning and tailor your will to your specific needs and circumstances.

“This not only protects your legacy but also provides peace of mind for your loved ones,” Ms Mildwaters says.

For help with will-making, contact the Mildwaters Byrth Kadina office on 8821 2199, the Minlaton office on 0448 725 447, or for more information go online to mildwatersbyrth.com.au.