The Branch Office Building 45 Cameron Street, Launceston Tasmania

Phone: (03) 6332 9353

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Homemade Wills

There are a number of ways you can make a Will in Tasmania, including downloading a do it yourself kit on the internet or buying a kit from a newsagency. However, there are a number of issues associated with taking a DIY approach, such as:

  • incorrectly witnessing the Will;
  • the terms of the Will are unclear;
  • failing to date the Will; and
  • failing to name the Executor.

Whilst preparing your Will at home might save you a small amount of money in the short term, this approach commonly results in an invalid Will. In the long term this can end up costing your estate dearly and leaving less for those you leave behind.

In a 2013 Supreme Court case in Western Australia, the Judgment opened with 'Homemade Wills are a curse'. The central issue of the case was the interpretation of a badly drawn homemade Will. A substantial estate was involved and the beneficiaries could not agree on the distribution of the estate. The inevitable result being an expensive legal battle which might have been avoided had the Will maker consulted an experienced lawyer to draft the Will. 

This case is a recent example of the many cases where homemade Wills have lead to protracted and expensive legal battles.

The Judgment concluded with the following words of wisdom:

"There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a Will is money well spent."

If you make a Will yourself and it does not comply with the legal requirements for a valid Will, your estate will be distributed in accordance with the current law. However, having a valid Will ensures that you decide how your estate is divided between family, friends and charities.

To discuss how we can help you with preparing your Tasmanian Will, please contact us on 03 6332 9353.

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