DIY Wills – if you think you’re getting a good deal, think again.

by Andrew Lind on 10 February, 16

DIY Wills can be very expensive.

A recent Queensland Court of Appeal case, Masci v Masci [2015] QCA highlighted a family legal dispute arose over a DIY Will and the intentions of the deceased will-maker. This case highlights the risks of Estate Planning without seeking professional legal advice and relying on DIY Will kits that do little to explain the legal process to the Will maker.

The Court proceeding lasted three-and-a-half years and the costs associated with the proceedings were far more greater than the cost of a lawyer providing legal assistance at the time the Will was being drafted. The case serves as a warning regarding DIY wills.  This case in particular highlighted problems that could have been avoided by the help of an estate planning lawyer at the time of making the Wills providing advice to:

  1. Sever Joint tenancy; and
  2. Draft the Wills thereafter.

If you do not seek legal advice during a Will drafting process, this can often result in a multi-partied dispute and lengthy and costly court proceedings to discern the intentions of original will-makers, as well as the rights and interests of the succeeding parties to the Estate.

A full summary of the case regarding DIY Wills, can be found here.

{ 0 comments… add one now }

Leave a Reply

Your email address will not be published. Required fields are marked *

*

*

Terms & Conditions

Law Experts content including responses to your questions and comments provides legal information, tips and hints. The content on this site is not legal advice. That’s good, because there’s no risk of getting a bill by making a comment, asking a question or just contacting us.

You agree that any comment or question that you may ask may be published on this site, after editorial review, for the benefit of future readers. Our editors may edit comments in their discretion. For example we will would seek to remove information that would identify you.

The Corney & Lind lawyers (law experts) are of course happy to give legal advice, that’s what they do for a living. However it is only legal advice when you have engaged Corney & Lind Lawyers to provide legal advice for you. Before you do that you want to have an idea of what it might cost and our lawyers are happy to communicate with you about this.

We may change any of these terms and conditions at any time in our discretion by changing them on this page.

You must scroll down the terms & conditions before you can agree.

Previous post:

Next post: