One of the pitfalls of do-it-yourself (DIY) Will kits was highlighted by a Brisbane court case involving an elderly lady who completed a DIY Will but forgot to sign it.
Estate litigation lawyer Charlie Young said even though the lady had two witnesses sign the will, the document was not legally valid without her own signature.
Mr Young, of Brisbane law firm Bennett & Philp Lawyers, appeared before the Supreme Court in Brisbane and successfully convinced the Court that the unsigned will should be declared valid.
The law sets out very strict requirements as to how a will must be executed. As he deceased failed to sign her will, our client requested that the Supreme Court waive the usual requirements and grant probate of the unsigned will.”
“The lady who used the DIY will filled it out in her own handwriting. She filled in some of the blanks but forgot to sign the will. Despite that, she still managed to have two witnesses sign the Will. The witnesses had seen this lady make a notation on the will, which they assumed was her signing it, but it appears was just her writing in the date.”
Mr Young said it was very fortunate the two witnesses were still around to give evidence by affidavit.
Mr Young acted for the 74 year old lady’s daughter, who was named executor and sole beneficiary of the will.
“It was not a large estate but this simple oversight shows the pitfalls of do-it-yourself wills,”
Mr Young said people trying to cut costs by using do it yourself will kits are often committing their executor or even surviving loved ones to eventual court action later.
“This lady probably thought her affairs we relatively straight forward but people do need to be more aware about the pitfalls of DIY wills.
“A do it yourself will is valid only as long as the will has been properly documented, and the document is signed and witnessed,” he said.
“Even then, by trying to save some dollars, there can still be issues of uncertainty for the executor where a clause in the DIY will has not been clearly expressed or where it does not deal with the entire estate, issues which could have easily been avoided had legal advice been sought at the time the will was prepared,” he said.
“As documents, DIY wills may be legal, but the people drawing them up often do so in ignorance, and this ignorance can at times have expensive consequences for their deceased estate, not to mention cause unnecessary anguish and inconvenience for the surviving loved ones at a time when it is least needed,” Mr Young said.
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