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CREATING a will is one of the most important steps in securing your legacy and ensuring your wishes are honoured after you pass away.
Many people are tempted to use DIY will kits, thinking these offer a simple and cost-effective solution.
But Mildwaters Byrth Lawyers and Conveyancers lawyer and principal Kylie Mildwaters says the kits often come with hidden dangers and costs that can lead to significant legal complications and emotional distress for loved ones.
Mrs Mildwaters says one of the most common problems with DIY wills is improper execution.
“For example, a will must be signed in the presence of two independent witnesses who are not executors, beneficiaries or related to beneficiaries; any deviation from this process may render the will invalid,” she says.
“This reminds me of a client who had instructed me to prepare their will, so I emailed them a draft.
“They then printed it and signed it without telling me, thinking it would cost more to come and sign it in front of me.”
After they signed it, they placed it in a drawer and took it out a couple of months later, making some handwritten alterations before placing it back in the drawer, Mrs Mildwaters says.
“Despite my follow-up on the signing process, the client did not inform me of these actions, and he died before I could discover what had happened,” she says.
“The administration of his estate ended up costing approximately $8000 more than it would have otherwise.
“This was due to the need for a special court application because the will wasn’t signed in accordance with legal requirements.”
Additional sworn affidavits were required from the witness of the will and from family members to provide evidence of the deceased’s handwriting and the timing and intent of the changes.
“All this complexity and expense could have been avoided if he had simply returned to my office and signed the will properly,” Mrs Mildwaters says.
To create or update your will, contact Mildwaters Byrth Lawyers and Conveyancers’ Kadina office on 8821 2199, of Minlaton office on 0448 725 447; or, for more information, go online to mildwatersbyrth.com.au/.