An increasing number of people have been asking us to help solving disputes resulting from ambiguous Wills. And more people are coming into the Solicitor’s office with “Will kits”, asking for help to complete them. We would much rather see people getting a high-quality and cost-effective service from the outset.
A common mistake made by people preparing their own Will/s is the use of language they believe is self-explanatory or “legal”. For example, does “all my furniture and effects...” include the piano, the fur coat, or art works? The description “all my lands..." causes problems if some of the Land is leased, or is party of a family partnership, Trust or Self-Managed Super Fund. Directions like “my sons and daughters in equal shares” is another typical error in a homemade Will. In the case of 3 sons and 2 daughters, does it mean that they should receive one-fifth each or the 3 sons get one-half and the 2 daughters the other half?
Instead of saving money and leaving a welcome inheritance for their loved ones, a person writing their own Will can cause their beneficiaries greater expense and trauma than if they had arranged for their Will to be legally drafted by a Solicitor.
At Charltons Lawyers we believe that every person should have an efficient and cost-effective Estate Plan……and this can be achieved at a modest expense.
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