In our current cost of living crisis, it may be tempting to try and save a few dollars by attempting to prepare your will by yourself, without the help of a solicitor. However, like most legal documents, wills are complex affairs and there are countless technicalities and pitfalls that you can fall prey to. In turn, this can cost your estate thousands of dollars in legal proceedings after your death, that would otherwise pass to your loved ones. The Supreme Court of Western Australia recently offered this cautionary tale:

“The deceased either was offered, or sought, the assistance of an entirely unqualified person to prepare these three documents. That person would no doubt protest that she was just trying to help a friend. She was no help at all. A claim of good intentions is no defence. The fact is that unqualified people who intermeddle in the preparation of documents that have legal operation cause great harm. The defence for such officiousness is often one of trying to save the will maker money. That is sterile. This deceased could have several wills professionally prepared for a fraction of the cost that has been imposed on her estate by this application.” Re Maria Elizabeth Rudd; ex parte Prince [2015] WASC 107 per Registrar Boyle.

The decision to try to save a few dollars in the short-term could prove to be a costly mistake in the long run, with home-made wills and wills prepared by financial advisors and other non-legally qualified professionals often requiring expensive and lengthy applications to the Supreme Court of Western Australia before the estate can be administered.

At Peel Legal, we closely follow specific procedures and steps to ensure that your will is not only executed properly, but drafted in a way that seeks to prevent unnecessary headaches for your loved ones. This includes performing a testamentary capacity test, seeing each client individually, and carefully advising on the potential implications of your wishes, both legally and practically.

By visiting a lawyer to prepare your will, not only will you likely avoid complications and complexities in interpreting your will, you will also receive important basic legal advice in relation to wills and estates. In addition, we can also provide valuable evidence in relation to the validity of your will, should problems arise in the future, such as questions of undue influence or lack of testamentary capacity.

Peel Legal Barristers & Solicitors have a wealth of knowledge and experience in relation to Wills and Estates. We have one of the most experienced deceased estate practitioners in the Peel and Rockingham areas and can deal with all your estate needs.

Call (08) 9535 8399 to make an appointment today.