The Legal Services Commission, South Australia considers the best option to make a will is through a private lawyer. If you’re wondering why you need to pay a professional to do this when you can simply write on a will kit or go online and get it done at a cheaper price, then you should read through this blog.
What’s the Difference Between a Will Kit and a Lawyer-Prepared Will?
The first difference is that you can prepare your will using a DIY Will Kit online without consulting a lawyer. It often costs less, takes less time to prepare, and feels convenient. However, you run a risk of having a will that does not actually reflect your wishes the way that you intend, because you have no legal advice, unlike a lawyer-prepared will. At FJS lawyers, we offer will preparation at an affordable cost. You can start your will online now.
DIY Will Kits Provide a Cookie-Cutter Approach
DIY Will Kits use a one-size-fits-all model for will preparation that doesn’t adequately address diverse individual circumstances. This failure to recognise special circumstances like blended families can result in a will that is open to misinterpretation, dispute among beneficiaries, and substantial legal costs. When these issues arise, your loved ones may be required to cope with conflicts that legal advice and a properly drafted will may have prevented.
Tailored Advice Specific to Your Circumstances
The first benefit of a lawyer-prepared will is legal advice tailored to your circumstances. Before preparing your will, FJS Lawyers will offer advice about situations like second marriages, blended families, children under 18 years old (minors), special needs dependents, charitable gifts, etc. You should feel comfortable discussing your circumstances and raising any personal concerns so that we can provide advice and prepare your will to avoid the kind of disputes that a poorly prepared will can cause.
A Lawyer Can Store Your Will for You
Another benefit of a will prepared by an experienced lawyer is safe and secure storage.
FJS Lawyers will provide safe storage of your will at no cost and register your will on the Law Society of South Australia register.
Potential Issues That Can Arise From a DIY Will Kit
Not Correctly Signed and/or Witnessed
For a will to be valid, it must meet the required legal formalities for execution, including signing, witnessing and dating the document. Legal terms are important, and poorly worded wills may be open to misinterpretation and disputes which may prove costly to the estate in the future.
Inadequate Storage
When you use a DIY Will Kit, you are responsible for storing it in a safe place. This may result in your will being damaged or destroyed, or the executor being unable find it when it is needed. At FJS Lawyers, we provide safe will storage and registration on the Law Society of South Australia Will Register at no cost to you.
Peace of Mind When a Lawyer Prepares Your Will
At FJS lawyers, we are all about long-term and successful client-focused legal services and we can help with every aspect of your estate planning and administration.
Before preparing your will, we meet with you to discuss your circumstances and wishes. We provide you with legal advice and we allow sufficient time during the meeting to prepare and execute your will, saving you valuable time and giving you peace of mind.
It is best to contact us to discuss any major events or life changes such as death (e.g. of an executor or beneficiary) divorce or birth of children, so that we can advise you and if necessary, prepare an updated will. Marriage invalidates a will and therefore if you intend to marry, it is best to make a will in contemplation of marriage, to avoid the will being invalidated by marriage.
We will be there to support your loved ones at the end of the process, to assist with probate if required, or answer any questions they may have.
FJS Lawyers Can Assist with Probate and Deceased Estate Administration
After a person dies, probate is often required before the estate assets can be dealt with. We can provide your loved ones with advice as to whether probate is required.
Upon application by the executor(s), the Probate Registry within the Supreme Court of South Australia issues a grant of probate once they are satisfied that a person has passed away, that they left a valid will, and that the executor named in the will has the authority to administer and finalise the estate. At FJS Lawyers we can assist with an application for probate and our fees to obtain probate are reduced for estates in which we prepared the will.
