Can you write a will without a lawyer?

Do you really need a lawyer to write a will, or can you just do it yourself? Many people believe that writing a will is as simple as just jotting down who gets what, but the legal reality is more complicated. When you pass, you want your wishes to be smoothly directed and not end up having family engaging in legal battles due to unclear wording. So what’s the best way to write your will?

In most places, yes, you can write your own will as long as it meets the legal requirements (e.g., being signed and witnessed correctly). However, there are risks involved when making your own will. These include:

• Incorrect wording. A small mistake can make a will unclear. This results in the court needing to discern the true intention of the testator. The court can fix a misidentified property if it is clear to everyone what the testator meant to describe.
• Improper witnessing. If the will isn't signed or witnessed correctly, it may not be seen as a valid will and your wishes may not be carried out as you intended. This can cause issues for loved ones and result in them challenging the will.
• Disputes and challenges. Family members may contest the will if they feel it to be unfair or ambiguous
• Missed legal considerations. When writing your own will you may miss important legal considerations that could have an impact on your family. This can include tax implications, guardianship of children or specific requests may be overlooked.

There are some cases where creating your own will could be appropriate. This is generally if your estate is simple, meaning you have a few assets, no complex investments and no dependents. If you are leaving everything to one or two people without any major conditions or if you are comfortable using an online will template that follows legal guidelines. If you are unsure about anything it is recommended that you seek legal advice to ensure that all legal requirements are met.

It is important that you seek legal advice when your will has a complex estate (businesses, investments, multiple properties, etc.). If you have minor children and a guardian needs to be appointed. Seeking legal advice for your will will also assist in preventing family disputes and ensures clarity or your wishes. If you need help with binding financial agreements or trusts it is also important to seek legal advice.

A will is one of the most important documents that you will ever create. While you can write one yourself, making sure it’s legally valid can save your loved ones stress and prevent disputes later. If your situation is simple, creating your will yourself might be enough, however if there is any complexity with your will, professional legal advice is well worth it. It is also important to ensure that a will you create yourself meets the legal requirements. Would you rather save money now or ensure that your loved ones are protected later?

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.