
What's the risk of not having a valid Will?
If you do not have a valid Will then there is no person appointed to be the Executor.
What this means is that how your Estate is distributed, how much, and to whom, is determined by a piece of legislation (the Administration Act).
It is very unlikely that the legislative provisions would result in your Estate being distributed in the same way that you would have chosen if you had a Will.
Additionally, without a Will, creditors can apply to be the administrator of your Estate and if their interest is greater than that of any of your beneficiaries (as determined by the legislation) then the creditor will likely be appointed the administrator!
Benefit to having a Will done professionally.
Having your Will properly drafted gives you peace of mind that your wishes are validly expressed in the Will and that your desired outcomes are capable of being achieved.
In the Supreme Court of Western Australia decision of Gray -v- Gray [2013] WASC 387, Master Sanderson expressed the Court’s view on home made wills (which includes will kits):
“Home made wills are a curse…” “…There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a will is money well spent.”
It is worth noting that the Court has no interest in helping lawyers obtain work, and is uniquely placed to make such comments due to having to deal with those that have not been properly drafted and the numerous, very costly, problems that arise as a result.