The Curse of the Homemade Will

Date: Sep 18, 2014
Document Type: Article

A recent Judgment in a case involving interpretation of a homemade will commenced with the words “Homemade wills are a curse”.

The central issue of the case revolved around the interpretation of a badly drawn will and concluded with the words “All of this could have been avoided if the testator had consulted a lawyer and signed off on a will which reflected his wishes. There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a will is money well spent”. 

The case involved a substantial estate, a badly drawn will, no agreement among the beneficiaries with the inevitable result of an expensive legal battle all of which might have been avoided had the testator consulted an experienced lawyer, given thoughtful instructions and allowed the lawyer to bring expertise and experience to bear to draw up the will that did what the testator required his will to do.

No matter the size of your estate you should consult a lawyer experienced in matters involving wills and estates to draft your will. A properly considered and well drafted will deals with all asset, property, beneficiaries, eligible persons and persons who may have a claim on your estate. Not all beneficiaries might be happy with the manner in which the will deals with the estate property. Their ability to do anything about how and to whom you leave your estate can be effectively reduced if not entirely eliminated by using a solicitor experienced in wills and estate matters to consider and draft your will.

To speak with an experienced lawyer call us on 02 8268 4000.

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