There is nothing stopping you from making a will without a solicitor and as the old adage goes - “Something is better than nothing”. However, there are a few things to keep in mind if you're considering making a will without a solicitor.
First, you'll need to make sure that the will is valid under the law. Second, you need to be aware of the potential risks involved in self-drafting a will. Third, you should be aware that not all assets can be dealt under a will so it will be important for you to understand what assets you can and cannot include in your will along with how to appropriately and best deal with them.
While you can technically write your own will without the help of a solicitor, it's not recommended. It may seem like a simple matter and document at first glance however there are a lot of legal complexities that go into writing a valid and binding will to ensure your wishes are actually carried out - so it's best to have someone with experience help you.
A self-drafted will that is held to be invalid will likely result in your Estate instead being distributed in accordance with the laws of intestacy. This means that a rigid set of rules must be applied to the division of your Estate assets and this may result in an entirely undesired outcome, leaving your spouse or other loved ones with reduced means to look after themselves into the future.
That said, if you're determined to write your own will, there are some resources available to help you. Some Government websites have helpful resources and you can also find 'do-it-yourself' will kits at most stationary stores which contain drafting prompts however the drafting is largely left up to you to ensure it is done correctly. These resources will generally not provide direction on how to properly and appropriately prepare a ‘Testamentary Trust Will’, which is a more complex type of will with great taxation advantages and the potential to keep inheritance within the family. Some people call these “Bloodline Trust Wills”.
Please keep in mind that even if you do write your own will, it's a good idea to have it reviewed by a solicitor before you finalise it. You may not have considered that in some common circumstances a variety of assets cannot actually be dealt with under a will and including them will have no effect. Common oversights for proper consideration are certain property holdings, superannuation entitlements, company shares and family trusts. So at least having a solicitor review your will means you can be sure that everything is in order and that your wishes will be carried out properly.
Who can help write a will in Brisbane?
You would be best placed to engage a wills solicitor in Brisbane to write your will. A solicitor will also be able to explain and prepare other important estate planning documents for you such as Testamentary Trust Wills (including special disability trusts for loved ones requiring additional care), Enduring Powers of Attorney, Advanced Health Directives and Family Trust Deed variations. With a solicitor preparing your documents and walking you through the process step by step, you will feel more comfortable with the process and content knowing that it has been done correctly so that your loved ones are well looked after when it comes time for the document to come into effect.
Speak with our Will Solicitors
Making a will is an important step in ensuring that your wishes are carried out and your loved ones are looked after once you pass on. If you need help making a will in Brisbane or want to discuss the estate planning process and other documents more fully, contact one of our experienced solicitors today. Our friendly, down to earth solicitors can walk you through the process and ensure that you are giving the appropriate attention to the relevant estate considerations.
Drakos and Company Solicitors have been providing the Brisbane community with wills, powers of attorney, trusts, and other estate planning services for over 30 years. With decades of experience, we will help you ensure your wishes are given effect so that your loved ones are looked after. Contact our team for more information or a zero-obligation discussion to explore your requirements.
Drakos & Company Solicitors
First Floor, Boundary Chambers
170 Boundary Street, West End, Brisbane, Queensland 4101
PO Box 5453, West End, Brisbane, Queensland 4101