The Costly Mistakes of DIY Wills: A Case Study of What Can Go Wrong
Creating a will is one of the most important steps you can take to protect your loved ones and ensure that your wishes are honoured. With the rise of online templates and do-it-yourself (DIY) will kits, more people in Perth are opting for the “quick and easy” route. However, the consequences of a poorly drafted will can be devastating, leading to family disputes, lost assets, and costly court battles. In this blog, we’ll explore a dramatic case study of a DIY will gone wrong and explain why consulting a professional will lawyer in Perth is worth every cent.
Case Study: The DIY Will That Tore a Family Apart
Meet the Thompson family. When the family patriarch, David Thompson, passed away, his children expected a straightforward distribution of his estate. David, a man known for his frugality, had used an online DIY will kit, thinking it would save his family time and money. But instead of a smooth process, the DIY will turned into a legal and emotional nightmare.
The will was full of ambiguities. David had used vague language, making it unclear how certain assets should be divided. For example, he had written, “The house goes to my children,” without specifying which child would receive the family home or whether it should be sold and the proceeds divided. His investment accounts were listed, but there were no instructions on how they should be managed. Most alarmingly, he failed to appoint a clear executor, leaving the family scrambling to decide who should take on the role.
The result? David’s children ended up embroiled in a bitter legal battle, contesting the vague terms of the will. The estate was frozen for over two years while the court tried to sort out the mess, depleting the inheritance in the process. Relationships that had once been strong were irreparably damaged, and the family was left fractured.
The Mistakes That Made This DIY Will a Disaster
1. Ambiguous Language
DIY will kits often don’t provide guidance on how to use precise, legal language. David’s use of vague terms led to confusion and disputes among his children. A will lawyer in Perth could have ensured that his wishes were clearly defined and legally sound.
2. Failure to Appoint an Executor
One of the most crucial aspects of any will is naming a trustworthy executor. David’s oversight created chaos, as no one knew who was legally responsible for managing the estate. A professional estate lawyer would have advised him on choosing an appropriate and capable executor.
3. Overlooking Complex Assets
David’s DIY will didn’t address how his investment accounts should be handled, nor did it include provisions for tax liabilities or outstanding debts. Complex assets require thoughtful planning, and DIY kits rarely account for these details.
Why DIY Wills Often Fall Short
While DIY wills might seem like a cost-effective solution, they often lack the necessary legal framework to protect your estate and beneficiaries. Here’s why:
1. Templates Are Too Generic
Every estate is unique, and a one-size-fits-all template can’t account for the complexities of your situation. DIY wills often leave gaps that can lead to significant legal issues.
2. No Legal Advice
DIY kits don’t come with personalised legal advice. Estate planning isn’t just about listing your assets; it’s about understanding the laws in WA, your tax obligations, and how to minimise the risk of disputes.
3. Risk of Invalid Wills
If a DIY will doesn’t meet all the legal requirements in WA, it may be deemed invalid, leaving your estate to be distributed under intestacy laws. This could mean your assets end up in the hands of relatives you never intended to benefit.
4. Risk of Court Intervention
If a will is unclear in its terms then the family may have to turn to the Supreme Court for a decision on what the will maker meant before they can attend to finalising the estate. Family members may attribute different meanings causing conflict and discord and in extreme cases severe estrangement between family members.
The True Cost of DIY Wills
David’s story is a sobering reminder of the potential fallout from a DIY will. What seemed like a simple way to save money ended up costing his family not only financially but also emotionally. The legal fees from the will dispute ate away at the estate, and the emotional toll left scars that could never be healed. While a DIY will kit might cost as little as $50, the cost of fixing mistakes or dealing with a contested will can run into the tens of thousands.
Why You Should Consult a Will Lawyer in Perth
Working with a professional will lawyer in Perth can help you avoid these costly mistakes. A lawyer will take the time to understand your unique circumstances, offer tailored advice, and draft a will that leaves no room for ambiguity. Here’s how a lawyer can add value:
• Precise Language: Ensure your will is clear and legally sound.
• Complex Assets: Properly address investments, property, and other assets.
• Executor Guidance: Help you choose a reliable executor and outline their duties.
• Tax Planning: Minimise tax liabilities for your beneficiaries by collaborating with your accountant.
• Updates and Reviews: Keep your estate plan current as your life changes.
Conclusion: Don’t Leave Your Family’s Future to Chance
A DIY will might seem like a quick fix, but the potential pitfalls can have long-lasting and devastating consequences. Protect your loved ones and your legacy by seeking professional estate planning advice. At Bechelet & Co, we specialise in drafting clear and comprehensive wills tailored to your needs.
Avoid the costly mistakes of DIY wills.
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