The Curse of the Homemade Will

In a recent judgment involving a family dispute over asubstantial estate, Australian Supreme Court Master Craig Sanderson warned that “homemadewills are a curse” and inevitably lead to protracted and expensive legalbattles.

Sanderson clarified that homemade wills may work where thetestator owns limited assets and the beneficiaries are not in dispute.  However, where estates are substantial, thewill is opaque, and beneficiaries are in dispute, “the inevitable result is anexpensive legal battle which is unlikely to satisfy everyone.”  

Sanderson said this particular legal issue could have beenavoided if the man had merely consulted a lawyer.  Those that believe making a will is a simple project thatthey can do themselves may not know the nature of what they own or the certainwords or formalities necessary to execute a valid will.  And even if testators are reluctant to sharethe contents of their will with their children, informing their children of theirwishes will very likely avoid the likelihood of future disputes.

See Natasha Boddy,Court Brands Homemade Wills a Curse,The West Australian, Nov. 1, 2013.