Do I Need A Lawyer To Make A Will?
One of the most common questions Australians ask when planning their estate is whether they need a lawyer to make a Will.
The answer depends on individual circumstances.
Some people choose to prepare their own Will, while others seek professional advice to help ensure their wishes are properly documented.
Understanding the benefits and risks of each approach can help you make an informed decision.
Can You Make A Will Without A Lawyer?
In many circumstances, people can prepare their own Will.
However, creating a Will involves more than simply writing down who should receive your assets.
A Will should clearly express your wishes and meet the legal requirements that apply in your state or territory.
Why Do Some People Use A Lawyer?
Many people choose to seek legal advice because estate planning can become complex.
A lawyer may be able to help identify issues that could otherwise be overlooked.
This may be particularly relevant where family circumstances, business interests or asset ownership arrangements are more complicated.
Situations Where Professional Advice May Be Helpful
Professional advice may be worth considering if:
- You have a blended family
- You own a business
- You have significant assets
- You have children from different relationships
- You wish to leave unequal gifts to beneficiaries
- You have concerns about possible disputes
- You have overseas assets
- You have complex family circumstances
These situations can create additional estate planning considerations.
What Are The Risks Of Doing It Yourself?
A Will that is unclear, incomplete or improperly prepared may create confusion after death.
In some situations, mistakes may lead to delays, disputes or uncertainty about a person’s wishes.
This is one reason many people seek professional assistance when preparing important legal documents.
A Real-Life Example
Imagine a married couple with adult children from previous relationships.
They decide to prepare their own Wills without seeking advice.
Years later, family members disagree about how certain assets should be distributed.
Professional advice during the planning stage may have helped identify potential issues and reduce the risk of misunderstanding.
Does Using A Lawyer Guarantee There Will Be No Problems?
No.
Even professionally prepared Wills can be challenged or become the subject of disputes.
However, professional advice may help reduce the risk of errors and ensure important issues are considered.
Should You Review Your Will Regularly?
Yes.
Regardless of how your Will was created, it should be reviewed periodically and after major life events.
Marriage, divorce, children, retirement and significant financial changes are all common reasons to review estate planning documents.
Do The Rules Differ Across Australia?
Yes.
Will-making requirements, succession laws and estate planning rules vary between Australian states and territories.
It is important to understand the requirements that apply where you live and seek professional advice where appropriate.
Frequently Asked Questions
Do I need a lawyer to make a Will?
Not necessarily. Some people prepare their own Wills, while others seek professional advice depending on their circumstances.
Can I write my own Will?
In many circumstances, yes. However, it is important that legal requirements are met and your wishes are clearly documented.
When should I consider professional advice?
Professional advice may be helpful where assets, family circumstances or estate planning arrangements are more complex.
Can a DIY Will create problems?
Potentially. Errors, ambiguity or failure to meet legal requirements may create difficulties later.
Should I review my Will after major life events?
Yes. Major changes in relationships, family circumstances or finances are often good reasons to review a Will.
Sources and Additional Information
Related Resources
- What Is A Will?
- What Makes A Will Valid?
- Can I Change My Will?
- Where Should You Store Your Will?
- Free Aged Care Tools
Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Laws vary between Australian states and territories.