Where there’s a Will there’s not always a way.

I was recently led to an article by a senior colleague which, perhaps innocently, sought to discuss and compare the benefits and disbenefits of DIY Will kits versus estate planning with a lawyer. The article says that Will kits can be a cheap, easy and convenient way for people to prepare a “legally valid” Will in the comfort of their own home without having to speak with a lawyer. Needless to say, I hurled my mug of coffee at the wall in a fit of rage.

In addition to the traditional post-office Will kit, we are now also seeing an emergence of online Will kits, which again boast that they create “legally valid” Wills. Another senior colleague of mine recently commented that he is continually receiving ads for online Will kits (The machines know too much). The article, again perhaps innocently, also quotes a senior Wills and Estates lawyer as saying “Will kits are only suitable for the simplest of circumstances” and seems to interpret this as meaning you can totally do a Will kit as long as you are “reasonably well-informed” and your “affairs are simple”. The problem with this is – often we are actually the ones who need to break the news to you that your affairs are not as simple as you thought they were!

Taking your instructions, writing your Will and ensuring it is executed in accordance with the formal legal requirements is just one component of the service lawyers provide. Having a document which complies with the legal requirements of constituting a valid Will won’t do anyone much good if the document backfires.

Take the case of Peter Brock’s Estate. Peter Brock was a well-known race car driver who died in 2006, leaving behind a substantial estate, a blended family and three Wills, the last two being Will kits. In this case, the Court had to determine which of the three Wills to admit to probate. The Supreme Court ultimately decided that his latest Will, made in 2006 with a Will kit, was not a valid Will. His 2003 Will, also made with a Will kit, was deemed to be a valid Will and was admitted to probate. However, this document failed to properly distribute his Estate and thus failed to give effect to Peter’s final wishes.

I cannot emphasise enough how important it is that people receive legal advice about their Estate planning. There are so many elements to your estate planning, however big or small your estate may be and however simple or complicated your family might be, which many people just don’t know that they don’t know until they sit down with a lawyer and have the conversation. Your lawyer is a professional whose job it is to put out the dumpster-fire when Estates blow up in everyone’s face, which means we are best placed to provide you with strategies and advice that you didn’t know you needed. We are trained pessimists and you want us on your side.

I often have clients comment to me in their initial meeting that they have been “putting off” their estate planning – and I understand why. Death is a bit of a grim topic and it brings down the room. I also often have clients tell me that they decided to prepare their Wills only after watching the dumpster-fire that was the litigation over the Estate of a loved one. But I also often have clients thank me after their initial appointment and comment that it “wasn’t as horrible as they thought it would be!” (Thanks?)

I totally understand the allure of being able to write your Will at discounted rate in the comfort of your home without having to get dressed. However, while the Will kit can spit out a “legally valid” document, the consequence of not obtaining proper advice at the time of Estate planning is often a substantial financial and emotional cost to your beneficiaries which could have been avoided. Trust me, its our bread and butter.