Can I write my own will?

The short answer is, yes. There is no law that says a lawyer must prepare your will. There are a number of websites and DIY kits available if you're that way inclined. If you follow the instructions to the letter, then chances are that you may end up with a valid will.

But, there are some risks with a DIY approach.

If you don't follow the preparation and signing instructions correctly, your will could be invalid or may be open to legal scrutiny. Wouldn't you like to have peace of mind that a qualified lawyer who is familiar with the requirements ensures that witnessing, dating, naming and storage requirements have been met?

DIY kits don't always cover everything that you need to consider in your will - have you dealt with all of your property, appointed guardians for your children, catered for difference scenarios that might eventuate and made sure that your trusts have trustees after you die?

To reduce the likelihood of a successful claim against your estate, you need to know what your obligations are to your family members - for example, if you don't want someone to inherit from your estate, there are several things you should do in your will if you want to exclude a beneficiary. Litigation under the Family Protection Act is extremely common, so wouldn't you want to avoid this situation as best you could?

Finally, if you make your own will, who will you leave the original document with to carry out your wishes after you die? Will that person have to consult a lawyer anyway to administer your estate? If you own a house, or have an asset worth over $15,000, your executor(s) will need to make an application to the High Court for Probate. Realistically, they will need the assistance of a lawyer to do that. So, why not start a professional relationship with a lawyer that knows your background and can assist your executors when the time comes?

So, yes, you can write your own will. But is that the best thing for your family who are left behind to administer it? Maybe not. We can provide you with advice on how to make your will specific to your requirements and ensure that it is valid.