Issue 01 | Article 01
The rising popularity of DIY will kits shows no sign of slowing down. And this is concerning given the many expensive legal battles and family breakdowns they create down the track.
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Like in so many scenarios in life, the decisions we make are only as good as the knowledge we have.
It’s fair to say then, that your clients can’t possibly fathom all the situations they need to consider when constructing their will. That’s why you need to let them know that experienced wills and estate lawyers have the nous to assess their unique situation and ask the right questions.
Assure them that you will cross every ‘t’ and dot every ‘i’, leaving them with a will that’s watertight.
Your clients need to know that it can be naive to believe their loved ones will follow their wishes once they’ve passed away.
According to the Financial Review, over 50% of wills in Australia are contested.
By engaging you to draft their will, they can feel confident that you’ll be on hand to ensure it is executed as planned.
Often, people don’t appreciate that their will is more than a document concerning their assets. It also outlines their preferred legal arrangements for long-term medical care should it be required.
It’s impossible to overstate the importance of enshrining these decisions and securing the protection of a solicitor if they’re unable to speak for themselves. Or indeed, if they end up in a situation where they are under undue influence or duress.
As their wills and estates lawyer, you will barrack for them and ensure their wishes are carried out.
Many people face complicated issues that only a trusted legal professional knows how to navigate.
Perhaps they wish to create a trust for a spouse or child. They could be in a position of disinheriting a family member. Or they may need to ensure an ex-partner is unable to lay claim to their assets.
Astute legal advice is critical in all these situations – and many, many more. Rolling the dice and hoping for the best is a dangerous approach.
Last but certainly not least: there’s no question the role of a will is to help families through the difficult, sad time of losing someone they love.
But all too often, it compounds stress levels because it’s poorly written and executed.
From drafting errors and omissions to non-compliance with legal formalities, wills can go wrong in a myriad of ways. And when things do go wrong? It can cost families a fortune to resolve – and destroy relationships in the process.
Most people create a will because they care about their loved ones and want to make their lives easier after they’re gone.
With these key messages, you can open their eyes to the dangers of DIY will kits and the risk of making their families’ lives harder.
The peace of mind that comes from an expertly written will is precious – and priceless. are you looking to expand your knowledge in Wills and Estates?
Resource: Emerging technology in wills and estates: See Willbits.
A digital platform that encrypts and securely stores wills, powers of attorney, and advance care directives.