Anyone can write a will and there is a range of commercially available ‘will kits’ on the market. There is also no prescribed format for a will so it may be written in any way. However there are many traps for people who are not familiar with writing wills. Will kits do not cater well for people who need more than a basic will. These include people with dependent children, complicated family arrangements or complex financial affairs.

A kit may seem like a cost effective alternative but if you make a mistake it may cost a lot more to administer your estate after your death. A lawyer can help you by ensuring that your will is written clearly and that all the legal rules are followed.

A will that is not written and signed properly may be rendered invalid or it may cause confusion resulting in unintended consequences. A lawyer can help you by:

• giving you the best advice about your will and your estate because they get to know you and your requirements when they take your instructions;
• ensuring the will is written clearly and unambiguously to avoid confusion;
• ensuring the will properly revokes any previous testamentary documents you have made;
• ensuring that the will is not accidentally revoked in the future;
• giving advice about the best choice of executor as well as a substitute executor or executors;
• advising you in relation to guardianship matters for any dependent children;
• safeguarding against partial intestacy, lapse or loss of gifts;
• advising you about assets which do not form part of your estate for example your superannuation and jointly owned property;
• advising you about beneficiaries and substitute beneficiaries to avoid a partial intestacy which results in loss of gifts;
• advising you about testamentary trusts, appointment of suitable trustees and the trustee’s powers;
• ensuring executors, beneficiaries and gifts are described completely and accurately;
• ensuring that your will properly safeguards your surviving partner’s interests and future needs;
• safeguarding the interests of children from a previous relationship;
• advising you about the best way of avoiding a family provision claim against your estate after you die;
• protecting your interests by ensuring that you have the requisite capacity and understanding to make a new will;
• ensuring that you have not been unduly pressured into making your will;
• ensuring that your will is signed and witnessed correctly;
• placing your signed will in safekeeping so it is not lost or damaged; and
• advising you about other important documents that you may need in addition to your will for example an enduring power of attorney or enduring guardianship.

It is important to note that a will is only part of the estate planning process. A lawyer can also advise you about the best way to structure your property while you are still alive in order to protect it from claims against your estate. Lawyers can work with financial planners and accountants to achieve the highest level of protection for your property.