Cookie-cutter will templates are gaining traction for testators looking for economical will solutions. Will kits and online will platforms provide templates to be filled in, signed, and as the proverbial saying goes, “Bob’s your uncle”. But not so fast, says Bob.
Disclaimers, terms and conditions of online wills and will kits direct testators to seek advice. Touted legal reviews of online template wills are procedural rather than substantive in nature, failing to address the testator’s personal circumstances and provide corresponding advice.
Absent an opportunity to fully discuss and analyse a testator’s personal circumstances with a trusted and experienced legal professional, gaps or omissions may be left in wills that could have been better drafted. There is also the risk of undue influence for the elderly.
Worthy of one on one exploration with a legal advisor are issues such as:
- Suitability of executors
- Provision for blended or estranged families
- Unrepaid family loans
- Overseas property
Valid wills must also be signed correctly, usually done at a lawyer’s office with the correct prescribed witnesses. The devil is in the detail, and care must be taken when preparing wills.
Investing in obtaining in person legal advice ensures all angles of a testator’s personal circumstances are covered and their wills do not contain unintended adverse consequences for executors to resolve that could easily have been addressed at the time of making the will.
There is no substitute for a good yarn.
Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au