Are Will Kits Legally Binding? It’s a question our wills lawyers get a lot.
Will kits can be legally binding provided they are drafted correctly. Just like pulling a tooth out without a dentist could technically be possible if you knew what you were doing and were confident with extractions.
The issue is, most people are not confident with drafting a will as they have not spent 4 years in law school drafting legal documents to ensure no mistakes are made. The same way pulling a tooth out may cause problems later, so too can a will kit…
Are Will Kits Legal?
As stated above, will kits are technically legal PROVIDED they are correctly drafted. Many of our will disputes arise out of will kits which is why we would never recommend using a will kit unless you are confident in your legal drafting skills.
Some of the issues we have seen out of will kits include:
- Failing to properly name an executor;
- Failing to distribute all the assets in the estate;
- Failing to name beneficiaries;
- Failing to properly execute the documents meaning no valid will exists at all.
Recently, we were presented with a will which named an executor but no beneficiaries, rendering the will practically useless. If you care about where your assets go after death, we would highly advise against using a will kit. Will kits also do not deal with your superannuation.
Due to poor drafting, will kits can be extremely ambiguous, meaning even if if the will kit is found to be legally binding, parties need to apply to Court for interpretation of the will which can prove incredibly costly.
Will kits also do not deal well with complicated family structures or all scenarios. For example, a will kit may provide that all your estate goes to your partner but if no provision is made for what happens if your partner passes before you, your estate will be intestate meaning, you will have died without a will.
To avoid this and have your estate dealt with in accordance with your wishes, it is always best practice to use a professionally drafted will that accounts for all foreseeable situations in the future.
Cost of a lawyer drafted will?
The cost of a will drafted by a fully qualified lawyer at our office is only $799 for a single or $999 for a couple. Call us today to draft your legally binding will that will hold up after your death on 07 3073 2405.
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Office Location and Contact Details
Brisbane (by appointment only)
Will and Estate Lawyers Australia
Level 1 / 16 McDougall St
Milton QLD 4064
Phone: 07 3073 2405
Email: enquiry@willandestatelawyers.com.au
