In recent years, do-it-yourself (DIY) or guided online Will kits have surged in popularity across Australia. Marketed as a quick and affordable solution to handle your estate, these kits appeal to people who believe their situation is “simple enough” to manage without legal help.
But the reality is different. A DIY Will might save you some money now, but it can cost your loved ones far more in the long run.
Poor drafting, incorrect witnessing, and vague or inconsistent instructions can lead to a Will being declared invalid. In the worst cases, it may result in bitter family disputes, expensive legal battles, and outcomes that are completely different from what the person intended.
What is a DIY Will Kit
A DIY Will kit is a pre-packaged set of instructions and templates designed to help individuals create their own Will without the help of a lawyer. These kits are often available online, through newsagents, or via national retailers that claim to offer legally binding solutions for a fraction of the cost of professional estate planning.
Typically, a DIY Will kit includes:
- A template Will document with blank spaces for you to fill in;
- Basic instructions on how to complete and sign the document;
- General guidance on choosing an executor; and
- Notes on witnessing and signing requirements
At first glance, these kits can seem straightforward but these come with a lot of assumptions. They rely on the user understanding legal terms, accurately predicting complex life scenarios, and correctly following formal requirements.
Even minor mistakes (such as using the wrong witness or omitting an asset) can invalidate the entire Will.
These kits are often one-size-fits-all, but estate planning rarely is.
The legal framework in WA: What makes a Will valid?
In Western Australia, the rules for making a valid Will are set out in the Wills Act 1970 (WA). These laws are strict, and for good reason. They ensure that a person’s true intentions are properly recorded and can be carried out after death without confusion or dispute.
To be legally valid in WA, a Will must meet all of the following requirements:
- Be in writing;
- Be signed by the person making the Will (the testator);
- Be witnessed by two adults, both present at the same time; and
- Show clear intent that the legal document is the person’s final Will.
It’s also worth noting that a valid Will needs to cover more than just formalities. It should take into account complex issues like superannuation, jointly owned assets / real estate, overseas property, family trusts, loans, blended families, and tax implications.
This is where many DIY Wills fall short. Even if the document looks “valid” on the surface, it may not properly reflect your intentions, or stand up in Court if challenged.
Real-world risks: How one signature can cost thousands
The dangers of a DIY Will aren’t just hypothetical. They play out in courtrooms across Australia, including right here in Western Australia.
One notable example is the WA case of Young v Martin [2018] WASCA 206. In this case, the deceased had created a four-page Will using what appeared to be a DIY template.. Only one of the pages was signed, and that signature was witnessed by just one person. Under the Wills Act 1970 (WA), this fell well short of the formal requirements.
To make things more complicated, parts of the Will were drafted at different times, and some pages appeared to have been replaced or added later. This raised serious doubts about whether the document reflected the deceased’s final wishes (and whether it was ever intended to operate as a formal Will).
What followed was a lengthy and expensive legal battle. The parties involved were forced to engage lawyers and appear in the Supreme Court of Western Australia to argue rwhether the document could be accepted as an “informal Will”. In the end, the Court admitted it, but only after extensive evidence was presented, including affidavits, witness testimony, and a deep dive into the deceased’s intentions.
The key takeaway is that even when someone clearly meant to leave a Will, failing to follow the legal formalities can throw everything into doubt. It can also leave loved ones with delays, stress, uncertainty, and a much smaller estate after legal fees are deducted.
5 Common mistakes people make with DIY Wills
#1: Incorrect witnessing
A Will must be signed in the presence of two adult witnesses, who are present at the same time. If this step is skipped or done incorrectly the Will may be deemed invalid.
#2: Unclear or ambiguous language
DIY Wills often use vague terms or unclear instructions. Phrases like “everything to my family” can cause confusion, particularly in blended families or where there are estranged relatives. This lack of clarity often results in disputes, with the Courts being left to interpret the deceased’s true intentions. .
#3: Missing assets or beneficiaries
People writing their own Wills often forget to include certain assets (like superannuation or digital assets) or fail to name alternate beneficiaries. This can lead to parts of the estate falling into intestacy, meaning the law (and not the Will) decides who inherits. A simple omission about who gets the assets if the named beneficiaries die before the will-maker, could land the estate back into intestacy.
#4: Not updating the Will after life events
DIY Will kits don’t prompt you to update your Will after significant events such as marriage, divorce, births, or major asset changes. This can mean the Will is no longer reflecting your wishes or has become unenforceable, even if it was once valid.
#5: Failure to store the Will properly
Even a valid Will is no good if it can’t be found. DIY Wills are often lost, destroyed, or stored somewhere no one knows about. Without the original document, the court may not be able to grant probate, leaving your estate tied up in legal complications.
Why ‘simple’ families still need legal advice
Many people assume that for a small estate or a close-knit family, a DIY Will is “good enough”. Unfortunately, these situations are often the ones that turn into costly legal disputes.
Family dynamics are unpredictable. Relationships can change, people can contest a Will out of anger or grief, and even well-meaning relatives can disagree on what was “really intended”. Without a professionally drafted and properly executed Will, these disagreements can escalate quickly into major conflicts.
Even a straightforward estate may involve complex elements such as:
- Superannuation, which doesn’t automatically form part of your estate;
- Jointly owned property, which required careful handling depending on the type of ownership;
- Loans to family members that may or may not be treated as gifts; and
- Digital assets like cryptocurrency or online accounts.
Estate planning lawyers can help you navigate these complexities and ensure your Will actually does what you intend, without leaving loved ones to pick up the pieces.
The safer alternative: A professionally drafted Will
![Professionally prepared Will and estate planning documents by Solomon Hollett Lawyers, showcasing secure legal documentation for Perth clients.]](https://solomonhollettlawyers.com.au/wp-content/uploads/2025/09/DSC_1425-1.jpg.webp)
While a DIY Will might seem like the easier or cheaper option, it rarely provides the certainty or protection that people expect. A professionally drafted Will is tailored to your unique circumstances, ensuring your assets are distributed the way you intend and your loved ones aren’t left with legal uncertainty.
Working with an experienced estate planning lawyer means:
- Your Will complies with WA legal requirements;
- You’re guided through decisions about executors, guardians, and beneficiaries
- Complex assets and family structures are considered and handled appropriately; and
- You avoid the risks of vague language, errors or accidental exclusions
More importantly, you gain peace of mind. You’ll know that your affairs are in order and that your family won’t be burdened with the stress or cost of fixing issues after you’re gone.
Don’t risk your family’s future on a template
DIY Will kits might appear simple, but they often miss the mark when it comes to what the law actually requires. One small mistake can lead to delays, disputes, or your wishes being disregarded altogether.
When it comes to protecting your family and your legacy, a template cannot replace tailored legal advice.
Getting the right legal advice from an estate planning lawyer in Perth ensures your Will is valid, clear, and built to stand the test of time. It is not just about avoiding problems, it is about protecting the people and legacy that matters most.
