Why DIY Wills Often Fail: The Hidden Costs of Home Made Wills in Victoria
Preparing a will is one of the most important steps a person can take to protect their family, secure their estate and ensure that their wishes are honoured. In recent years, online templates, stationery kits and do it yourself resources have become increasingly popular. They offer the promise of a simple, fast and cheap solution. However, the reality for many families in Victoria is very different. Home made wills often fail to meet basic legal requirements, they create confusion for executors and they regularly lead to lengthy delays and significant legal expenses during probate.
This article explains why DIY wills frequently fail in Victoria, the hidden costs associated with them and why a properly drafted will from Craigieburn Lawyers is a secure and cost effective option for local residents.
Understanding the legal requirements for wills in Victoria
For a will to be valid in Victoria, it must comply with the Wills Act 1997. The requirements may appear straightforward, but the legislation contains technical rules that must be followed precisely. These include:
• The will must be in writing.
• The will must be signed by the will maker.
• The will maker must sign in the presence of two witnesses.
• Both witnesses must also sign the will in the presence of the will maker.
• The will maker must have testamentary capacity.
• The will must clearly reflect the intentions of the will maker.
DIY kits often explain these rules briefly, but they cannot ensure that they are followed in practice. Small errors, unclear signing procedures or poorly drafted clauses create legal uncertainty. When the document reaches the Supreme Court of Victoria for probate, that uncertainty becomes a real problem for executors and beneficiaries.
Ambiguous or incomplete drafting
A common problem with DIY wills is unclear wording. A will is a legal document. Every sentence must be precise, unambiguous and aligned with established legal principles. DIY will kits tend to use generic templates that do not reflect the complexity of a person’s actual situation.
Some of the most frequent drafting issues include:
• Beneficiaries described incorrectly or without full legal names.
• Assets described in a way that makes them difficult to identify.
• Failure to deal with superannuation, which does not automatically form part of the estate.
• No contingency clauses if a beneficiary dies first.
• No instructions regarding jointly owned property.
• No treatment of overseas assets.
• Poorly worded clauses appointing guardians for children.
• Instructions that conflict with Victorian law.
These mistakes often force executors to apply to the court for interpretative orders. This is a detailed, technical, and expensive process. What might have cost a modest amount to prepare with a lawyer can escalate into thousands of dollars of corrective work.
Executors are legally required to administer the will exactly as written. If the will is unclear, they cannot simply guess the wishes of the deceased. The court must intervene, and the estate pays the price.
The hidden costs of home made wills
Many people choose a DIY will because they want to avoid legal fees. What they often do not realise is that the financial risk of a poorly drafted will is far greater than the cost of preparing a proper will with a solicitor. The real costs tend to arise after the will maker passes away. Some of the most common hidden expenses include:
1. Delays in obtaining probate
The Supreme Court of Victoria examines the validity of the will before granting probate. If the court is concerned about the document, the executor must file supplementary materials. This includes detailed affidavits, correspondence from witnesses and sometimes expert evidence about handwriting or capacity. This can delay probate for many months.
2. Legal fees to interpret ambiguous clauses
If clauses are vague or contradictory, solicitors must be engaged to interpret the will. This can include legal advice, negotiations between beneficiaries and applications to court for clarification. These expenses are paid out of the estate, reducing the final inheritance.
3. Increased risk of disputes
Ambiguity creates conflict. DIY wills frequently trigger disagreements between family members who each interpret the wording differently. Even if the dispute does not reach court, legal negotiations can become expensive and stressful.
4. Risk of partial intestacy
A will that fails to deal with all assets can cause the remaining property to be distributed under the intestacy rules. This result often surprises families and can lead to unfair outcomes.
5. Executor complications
Executors may need to engage lawyers to help manage the errors in the will. DIY wills tend to create more administrative burdens for executors, and the estate bears the additional cost of professional involvement.
6. Tax implications
DIY wills do not consider tax outcomes, including capital gains tax, stamp duty and the effect of distributing assets to minors. Improper structuring can result in unnecessary tax liabilities for the estate.
7. The emotional cost to families
Beyond money, DIY wills frequently create tension at a time when families are already grieving. A clear and professionally drafted will prevents unnecessary conflict, reduces stress and allows families to focus on supporting one another.
Why a solicitor drafted will is not expensive
A common misconception is that seeing a solicitor for a will is costly. In reality, the opposite is true. A professionally drafted will is affordable, predictable and significantly cheaper than the problems caused by a defective DIY document.
At Craigieburn Lawyers, most will appointments are completed within one hour. Our process is transparent, organised and designed to ensure that your wishes are carried out accurately. The cost of preparing a will with us is modest when compared with the corrective work required for DIY wills.
Many clients are surprised to learn that a straightforward will prepared by a solicitor is extremely affordable, especially considering the assurance that:
• The will complies with Victorian law.
• The will contains precise and enforceable wording.
• Guardianship clauses are properly drafted.
• Superannuation is dealt with correctly.
• Contingencies are considered.
• Signing and witnessing occur under proper legal supervision.
• A solicitor will store the will safely if requested.
• Executors will not face unexpected problems.
The purpose of a will is to protect your family. A small investment today prevents a far larger financial and emotional cost later.
Why Craigieburn Lawyers is the trusted choice for wills in Craigieburn
Craigieburn Lawyers is the only comprehensive estate planning firm located in Craigieburn. We assist clients across wills, probate, powers of attorney, estate planning and estate disputes. Our experience provides clarity, structure and confidence for families at every stage of life.
Clients who prepare their wills with us benefit from:
• Personalised advice tailored to their circumstances and wishes.
• Detailed explanations of the legal process.
• Clear drafting that anticipates future issues.
• Proper structuring to minimise disputes.
• Secure document storage.
• Local, accessible support whenever required.
Our goal is to give Craigieburn families practical and reliable estate planning that prevents unnecessary conflict and protects their loved ones.
Final thoughts
DIY wills appear attractive because they seem simple and inexpensive. However, the hidden risks are significant. A home made will often fails to meet the requirements of Victorian law, contains ambiguous wording and may create major problems for beneficiaries. The financial and emotional cost to a family after a person passes away is almost always greater than the modest expense of having the will prepared professionally.
If you live in Craigieburn or the surrounding suburbs and wish to prepare a new will or review your existing one, Craigieburn Lawyers can help. We offer clear and practical guidance to ensure that your final wishes are protected and that your estate is administered smoothly.
To book your appointment, contact Craigieburn Lawyers today and speak with our experienced wills and estate planning team.