Are you thinking of writing your own Will? The RMB Lawyers Wills & Estates & Disputed Wills Division advises you to think again:
Perhaps you have been attracted by a website advertising “cheap, legal Wills” that you can do on-line, or noticed an “at home” Will kit at the post office?
While these options may seem a cheaper or more convenient way of making a Will than consulting a solicitor, the savings are quickly outweighed by the potential costs affecting your estate after you have passed. Not only is there potential monetary costs, but ill-prepared Estate Planning can have broader emotional consequences for your family after your death.
One of the main issues is that a Will must comply with strict legal requirements under NSW Law, from its wording to its witnessing requirements. Above all, a Will should be individually tailored to your personal and financial circumstances.
“At home” Will kits are, by design, generic and do not account for the complexities of modern families or assets.
If the legal requirements are not met, your executors may have to prove to the court that your Will, while being “informal”, shows your testamentary inventions. If this is not proven your assets may be distributed according to NSW intestacy laws. Either way, you risk leaving your estate subject to costly court proceedings.
A recent example highlighting the dangers of “at-home” Wills comes from Wheatley v Peek [2025] NSWCA 265. In this case a man created a Will on his mobile phone after a near-death experience, gifting the majority of his estate to his friend and leaving a lesser amount to his brother. While the court eventually upheld the Will (after appeal), the estate was exposed to higher legal fees, delay and emotional distress for all parties.
While this case serves as an extreme example of an “at-home” Will, it highlights the importance of consulting a solicitor for estate planning. It is not just about complexity or wealth. A solicitor ensures your Will is legally valid, clearly drafted and tailored to your circumstances.
Importantly, professional advice can help structure your estate plan to minimise disputes and coordinate your assets. A properly prepared estate plan gives certainty, not just to you, but to your family when they need it most. Importantly, it can be reviewed as life circumstances change. The cost of professional advice is small compared to the financial and emotional consequences of an invalid or disputed Will.
If you need some assistance with a Will, your first step should be to contact our office to arrange a consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.