The Curse of Homemade Wills

If you are involved in a commercial dispute, you should seek legal advice. The information in this fact sheet is intended for informational purposes only and should not be taken as legal advice.

Late last year, the Supreme Court made the following comments in the case of Gray v Gray [2013] WASC 387:

“Home made wills are a curse. Occasionally where the assets of a testator are limited and where the beneficiaries are not in dispute no difficulties may arise in the administration of an estate. Flaws in the will can be glossed over and the interests of all parties can be reconciled. But where, as here, the estate of the deceased is substantial, the Will is opaque and there is no agreement among the beneficiaries, the inevitable result is an expensive legal battle which is unlikely to satisfy everyone.”

Master Sanderon then went on to state:

“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.”

This case demonstrates the importance of having a professionally drafted Will. The consequences of having a poorly drafted Will can involve both financial loss and emotional distress to your intended beneficiaries.

If you are in need of a Will or Enduring Power of Attorney, please contact D’Angelo Legal on 9381 1147 or to book an appointment.