Writing a will is one of life’s most important decisions, yet many people wonder whether they need professional legal help or if they can handle it themselves. This question comes up regularly in legal practice across NSW, and the answer might surprise you.
Can I Write My Own Will in NSW?
The short answer is yes. Under NSW law, you are not required to have a solicitor prepare your will. Just as you can represent yourself in court proceedings, you have the right to create your own will or use a commercial will kit.
However, before reaching for that DIY kit, it’s worth understanding what makes a will legally valid and the potential complications that can arise.
What Makes a Will Valid Under NSW Law?
Under the Succession Act 2006 (NSW), a will must meet three basic requirements to be legally valid:
- Written format – Your will must be in writing (typed, printed, or handwritten)
- Your signature – You must sign the will personally
- Two witnesses – Two independent people must witness your signature and sign the will themselves
While these requirements might seem straightforward, the reality is more complex.
What Professional Will Preparation Includes
A properly prepared will goes far beyond meeting basic validity requirements. When you work with an experienced solicitor, your will addresses crucial matters including:
Executor Appointment
Your will needs to nominate an executor (or executors) who will handle your estate after your death. This includes gathering assets, paying debts, distributing inheritances, and potentially defending against family provision claims.
Specific Gifts and Bequests
Perhaps you want your mother’s jewellery to go to your eldest daughter, or your grandfather’s war medals to pass to your son. These specific wishes need clear, legally precise wording to ensure they’re carried out correctly.
Residue Distribution
After specific gifts are made, your will needs to clearly state what happens to the remainder of your estate (called the residue).
Planning for Life’s Uncertainties
A well-drafted will also considers what happens if circumstances change:
Deceased Beneficiaries
If you leave your estate to your children but one child dies before you, what should happen to their share? Should it pass to their children (your grandchildren) or be divided among your surviving children? Your will needs to address this scenario clearly.
Contingency Planning
Professional will preparation considers various “what if” scenarios to ensure your wishes are carried out regardless of changing circumstances.
The Risks of DIY Will Writing
While you legally can write your own will, the risks include:
- Failing to meet technical validity requirements – A simple oversight could invalidate your entire will
- Unclear or ambiguous wording – This can lead to family disputes and costly legal battles
- Missing important provisions – Overlooking crucial elements could result in unintended consequences
- Invalid clauses – Well-intentioned provisions might not be legally enforceable
Even seemingly straightforward situations can become complex when you consider all the legal requirements and potential scenarios.
Making the Right Choice for Your Situation
Creating a will is about more than just meeting legal requirements. It’s about ensuring your loved ones are protected and your wishes are carried out exactly as intended. The cost of professional will preparation is typically modest compared to the potential problems and family disputes that can arise from a poorly prepared document.
If you’re considering making or updating your will, professional legal advice ensures you have the confidence that comes with knowing everything has been handled correctly.
Ready to protect your family’s future with a properly prepared will? Contact Complete Legal today to discuss your estate planning needs and ensure your wishes are documented with the legal precision they deserve.
