Why You Should Consider Getting a Will Drafted by a Solicitor

Having a valid will is one of the most important steps in ensuring your wishes are carried out after you pass away. While the convenience and affordability of a "will-kit" might seem appealing, they often come with hidden complexities that can cause significant issues for your loved ones during probate. For many Australians, a professionally drafted will by a solicitor specialising in succession law offers far greater benefits and peace of mind.

The Limited Scope of a "Will-Kit"

To be fair, there is a small segment of the population for whom a will-kit may suffice. If you have a straightforward estate—no blended families, no substantial assets, no dependents with specific needs, and no complexities such as trusts or business interests—a will-kit might seem like a viable option.

However, even for individuals with relatively simple circumstances, will-kit wills often fall short of providing the clarity and legal precision necessary to prevent disputes or delays during probate. This is where the expertise of a solicitor can make a critical difference.

The Problems with Will-Kits

1. Ambiguity in Language

Will-kits rely on standardised templates, leaving room for errors in interpretation. Ambiguous phrasing can lead to disputes among beneficiaries or even the invalidation of the will. Solicitors, on the other hand, draft wills with precise language tailored to your specific situation, minimising the risk of misinterpretation.

2. Failure to Address Complexities

Many estates involve complexities such as multiple properties, business interests, or assets held overseas. Will-kits do not account for these nuances, potentially leaving key aspects of your estate unaddressed. A solicitor ensures your will is comprehensive and legally sound, considering all unique elements of your estate.

3. Improper Execution

One of the most common reasons a will-kit will fails in probate is improper execution. Legal requirements for signing and witnessing a will are strict, and even minor errors can render the document invalid. Solicitors guide you through the process to ensure your will is properly executed and meets all legal requirements.

4. Increased Risk of Challenges

Poorly drafted wills are more likely to be challenged in court, leading to costly and emotionally draining disputes for your loved ones. A solicitor-drafted will reduces the likelihood of disputes by creating a robust and defensible document.

Why Choose a Specialist Solicitor?

Solicitors who specialise in succession law bring a depth of knowledge and experience that cannot be matched by a will-kit or a generalist approach. They take the time to understand your personal circumstances, advise you on legal and tax implications, and ensure your will aligns with current laws.

Moreover, solicitors can incorporate essential components such as testamentary trusts, guardianship provisions, or letters of wishes, all of which provide greater flexibility and security for your estate.

The Cost of Peace of Mind

While a solicitor-drafted will involves a financial investment, it pales in comparison to the potential costs—both financial and emotional—of resolving disputes or delays caused by a poorly prepared will.

In short, a will is too important a document to leave to chance. By engaging a solicitor specialising in succession law, you ensure that your estate is managed according to your wishes, providing clarity and security for your loved ones during a difficult time.

Take the step today to protect your legacy and provide peace of mind for those you leave behind.

Please note, this article is general in nature and does not take into account your personal situation or circumstances. For further information please contact Kenney Legal at info@kenneylegal.com.au or contact us via our social media networks.