Are Free Will Kits Legal? And Are Free Will Kits Worth it?

An example of a ‘free will kit’ provider, stating that their wills are reviewed by solicitors.

QUESTION:

“This Online Wills site says they have lawyers reviewing their Wills – isn’t that the same as meeting with a lawyer in person? Plus, it’s much cheaper.”

ANSWER:

I often hear of individuals opting for DIY Will Kits or Online Wills, with some of the Online Will companies claiming: “Each Will reviewed by Australian Solicitors”. But often what can appear to be a cheap solution can turn out to be an expensive problem.

Drafting a Will is a selfless act. Most of my clients want to make sure they have a well-drafted Will to ensure their loved ones are looked after as best as possible after they pass. Seeking legal advice on decisions regarding their Will also means the Will-maker has the best chance of their Will not being challenged after they die.

If you’re considering an Online Will Kit, it’s important to realise the difference between a Will being “reviewed” and seeking advice from a lawyer.

Sure, a lawyer can cast their eyes over a Will and say it meets formalities. However, this does not guarantee that all the Will-maker’s wishes will be met.

Here’s an example:

Janet, who is 67-years old, decides to do a DIY Will. Janet has two children: Jessica and Daniel. Janet is very close with her daughter Jessica. They live close to each other and catch up regularly. Jessica will take Janet to the local shopping centre every Friday to do grocery shopping, and they have lunch together.

Unlike his sister, Daniel does not have a close relationship with his mother. Daniel moved to the other side of the country a few years ago and the only time Janet hears from her son is when he’s asking her for money.  Daniel doesn’t seem to be able to hold down a full-time job so Janet transfers money into his bank account every now and then to help him out.

When Janet completes the form for her DIY Will, she decides she’s going to leave everything she owns (her home, jewellery and some money in the bank) to her daughter Jessica. She tells herself that Daniel has been given enough, while Jessica has cared for her mother for years and has never asked for a thing in return.

Is Janet’s wish to leave her entire estate to Jessica legal? Yes.

Does this guarantee Jessica receives the entirety of her mother’s estate after her death and there’s nothing Daniel can do about it? Absolutely not.

Under Australian law, Daniel has a right to a share of his mother’s estate and can make a claim against it. In fact, given he was receiving regular payments into his bank account from his mother, he could potentially argue that he was dependent on her. Plus, the legal fees, likely running into the thousands, will be paid for by Janet’s estate.

So in effect, Janet’s decision to make a “cheap” Will (which did not include legal advice), has possibly resulted in costing her daughter thousands of dollars, along with time and stress.

A properly drafted Will takes hours, not minutes, to complete. In fact, the initial meeting with a lawyer will include a discussion about your family’s unique circumstances, and how best to ensure your wishes are met.

When you see a qualified lawyer to properly draft your Will and assist with your Estate Planning, you are receiving advice on:

·       Who are the people eligible to challenge your Will and how to minimise the chances of them challenging your Will.

·       Who will have guardianship of your minor children after you die.

·       Situations you may not have considered, such as a beneficiary predeceasing you.

·       Strategies for asset protection for your beneficiaries’ inheritance in your Will.

·       Strategies for potentially minimising your beneficiaries’ tax on their inheritance.

·       Strategies to manage the inheritance where a beneficiary in your Will has an addiction (e.g. drugs, alcohol or gambling) and cannot manage their own affairs.

·       International assets: advising on how to structure your Will/s so your Estate can be efficiently managed.

·       Assets you may not be able to gift. For example, if you own real estate as a joint proprietor or have assets in a trust or company, these assets cannot be gifted in your Will.

·       Appointing Executors to manage your affairs after you die– who and how many to appoint, and perhaps more importantly who not to appoint.

·       What happens to your Superannuation after you die.

·       How your affairs will be managed if you lose capacity while you are alive.

Wills are serious documents which have serious consequences for your family and loved ones. There is no substitute for the peace of mind that comes from investing in a properly drafted Will with an experienced Wills & Estates lawyer.

And remember – it costs nothing to say hello. For a no-cost, obligation free initial consultation, call Murnane Legal on 0439 106 816.

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.