A Do-It-Yourself Will, including the use of “Will kits”, might seem like a cost effective way ensure sure your last wishes are carried out. However, any Will you’ve written yourself can be vulnerable to legal challenges. Even something as minor as ambiguous wording can land your family and loved ones in legal hot water.

So how do you check if a self-written Will is valid?

For a self-written Will to be legally valid, it must follow certain requirements, including:

• It must be in writing, either handwritten or typed
• It must be signed by the person making the Will
• It must be signed by two adult witnesses who are present when it was signed, and who believe the person making the Will had the mental capacity to sign it voluntarily

The common grounds for challenging a DIY Will include:

• Doubt over the mental capacity of the person making the Will
• If someone pressured or manipulated the person making the Will
• It wasn’t signed or witnessed correctly
• If one of the witnesses is a beneficiary
• The language is unclear, leading to disputes among beneficiaries
• If you have not adequately provided for certain family members

Using vague terms like “my property” or “my car” can create confusion, especially if you own multiple assets of the same type. It’s also important to leave clear instructions for your digital assets like cryptocurrency, online accounts, and even social media.

You also cannot put legally unenforceable conditions in your Will, for example, requiring two people to be married before they inherit anything. Courts will often ignore this type of entry in a DIY Will or rule the Will invalid altogether.

Will storage is an important consideration. Storing it securely and letting someone know where it is can help avoid problems.

However, the best way to avoid any issues with your last Will and testament is to have a Wills and estate expert draw it up for you.

While the initial cost is a consideration, there’s no price on the peace of mind you’ll have, knowing your Will is legal, and drawn up to your specifications.

Here at Bickell & Mackenzie, we can help secure your succession plans, and ensure your Will is tailored for you, no matter how complicated your family situation, or how large or small your estate. Make an appointment with our office today by calling: (07) 3206 8700 or email: info@bimalaw.com.au