Completing a homemade will or will kit may be cheaper than having a competent lawyer prepare your will, however it could cost your loved ones in the end. In Rogers v Rogers Young  WASC 208 Master Sanderson had to consider the construction (meaning) of a ‘homemade’ will and began his judgment with:
“On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse. Homemade wills which utilise what is sometimes known as a ‘will kit’ are not much better. This case proves the point. The disposition effected by the will is not complicated and no doubt the testator had clearly in mind what she intended to achieve. But the way the will is drafted is difficult, and the parties have been put to the trouble and expense of coming to the court seeking directions as to its proper interpretation. If the will had been drafted by a competent legal practitioner, this problem would not have arisen and the parties would have been spared a great deal of trouble and expense.”
We see this all too often where loved ones are having to foot the bill to have a court look into what the willmaker had intended.
We recommend you consult a competent lawyer experienced in estate planning to ensure all your “i’s” are dotted and “t’s” are crossed to save your loved ones the extra emotional stress at an already difficult time. For further queries please contact Jacqui Lee Long – Estates Associate on 40461129