Szabo & Associates News & Updates

While writing your own Will, using a DIY kit may seem attractive from a cost viewpoint, it can be a risky approach to take. If errors are made or if witnessing rules are not followed correctly, the document could be invalid. Before examining these risks more fully, outlined below is a recent example of what difficulties can occur when writing a self-prepared Will without suitable advice. The turmoil in the estate of Peter Reid highlights the extent to which matters can go wrong if a Will is ill-prepared.

Probate is the legal and financial process of dealing with the property, money and possessions of a person who has died. A Grant of Probate is a Court Order that confirms the validity of the deceased’s Will and the authority of the named Executor to carry out the terms of the Will. The Supreme Court issues Probate in NSW.

There are several issues that, if unattended to, may make a Will invalid. Sometimes this may be because of invalid execution due to a lack of compliance with the legal formalities. At other times, more disputable matters can be involved, such as a lack of mental capacity or the application of undue influence on the Will-maker (or testator). These types of claims can involve particularly complex evidential and legal arguments.

A Will is an important document. Without one, the reality is that intestacy rules will apply which state how your estate must be shared out on death. Nevertheless, it is also important to be clear which of your assets will not pass automatically through your Will so that, in tandem with the Will, you consider all your assets and those persons you wish to benefit.

The validity of a Will can be, and is, frequently challenged. In order to do so, the challenger has to have the necessary ‘standing’ or legal entitlement. Broadly speaking, these are persons named in the Will, the beneficiaries, or anyone who would have inherited but has been excluded from doing so.