ARTICLE
13 February 2017

The pitfalls of DIY Will kits.

CL
Cavell Leitch

Contributor

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Do-it-yourself Will kits may seem easy, but there are many pitfalls when making a Will which could make yours invalid.
New Zealand Family and Matrimonial
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Trusts and Estates

Writing a Will is easy right? Just leave everything to my kids and bury my body? Think again ...

Do it yourself Will kits may make it seem easy but there are many pitfalls throughout the process of making a Will which could make yours invalid or mean that your testamentary intentions are not fulfilled.

When drafting a Will there are many things to consider which your lawyer would go through with you, including how you own your assets, the legal obligations you have when you die and how your family can be best cared for. Although the Will itself may be simple, all these considerations can make it very complex and a do it yourself Will kit will not always suffice.

Too many times we have come across DIY Wills that do not truly reflect the Will-maker's intentions or that do not meet the Court's strict requirements to be a valid Will. Court applications to rectify this can be very costly and time consuming and some of the most complicated and expensive estates we have are "simple Wills" where the Will-maker did not get proper legal advice.

For the sake of a few hundred dollars, the costs of fixing an incorrect will are huge. Isn't it best to get it right while you are alive to save your family a lot of money and a lot of heartbreak after you die?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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