DIY Will Kits: Are They Worth It?
DIY Will Kits: Are They Worth It?
DIY Will kits promise a quick, cheap way to get your affairs in order. For people with very simple circumstances, they can be enough. But a DIY Will is also easy to get wrong — and a mistake in this one document can create real problems for the people you leave behind.
Before you reach for a $30 kit from the newsagent, it's worth understanding exactly where things commonly go wrong, what the courts have said about "informal" Wills, and when it makes sense to get professional advice instead.
Common Problems With DIY Will Kits
Most DIY Will disputes come down to a handful of recurring issues:
- Incorrect signing or witnessing — Wills have strict formal requirements, and even a small error can make a Will invalid.
- Unclear or ambiguous wording — vague language is one of the leading causes of family disputes and Estate litigation.
- Overlooked assets — superannuation, digital assets, and jointly owned property are often left out or handled incorrectly.
- No plan for a beneficiary predeceasing you — without a backup plan, your estate may not go where you intended.
- Handwritten changes to an existing Will — alterations made after signing may not be legally effective, and can throw the whole document into doubt.
DIY Will kits also tend to fall short for anyone with more complex circumstances — including blended families, business owners, parents of young children, or people with substantial or complex assets. These situations usually need tailored clauses that a generic template simply doesn't provide.
Case Study: Yazbek v Yazbek [2012] NSWSC 594
A useful illustration of the risks involved is the NSW Supreme Court case Yazbek v Yazbek [2012] NSWSC 594.
In this case, the Court had to decide whether an unsigned document found on the deceased's computer could be recognised as a valid Will — even though it didn't meet the formal signing and witnessing requirements set out in the Succession Act 2006 (NSW).
The Court found that the document clearly set out the deceased's testamentary wishes and that he intended it to be his final Will. On that basis, it was admitted to probate as an informal Will under section 8 of the Act.
What this means in practice: NSW courts do have the power to recognise informal or electronic Wills in some circumstances. But that power is not a safety net — it's a last resort. Instead of a simple probate application, the Yazbek family had to run Supreme Court proceedings just to prove the deceased's intentions, adding significant time, cost, and emotional strain to an already difficult process.
The Bottom Line: Is a DIY Will Worth the Risk?
Courts can sometimes save an informal or imperfect Will — but there's no guarantee they will. Relying on that possibility means gambling with your family's inheritance and peace of mind.
A properly prepared and correctly executed Will remains the most reliable way to make sure your wishes are actually carried out. And in most cases, the cost of having a solicitor prepare your Will is modest compared with the legal costs, delays, and stress that can follow if a DIY Will is challenged, misinterpreted, or found invalid.
Your Will is one of the most important documents you'll ever sign. Taking the time to get it right now can save your loved ones significant cost, conflict, and uncertainty later.
This article is general information only and does not constitute legal advice. Please contact us to discuss your specific circumstances.
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