Convenient Wills, 16 Thomas Avenue, Newcastle-
Why have Online Wills such a poor reputation?
People who try to make their own Will often include one or more of the following errors.
A Will must comply with the requirements of the Wills Act 1837 (as amended) or risk being rejected/disputed.
Not knowing the Law:
When drafting a Will you need to understand how property law, trust law, and estate administration law impact upon the Will.
Both the beneficiary and their gift must be clearly identified in a Will, otherwise the gift will fail. For example: Are the testator’s ‘stepchildren’ to be included when the testator refers to his ‘children’?
Poor drafting of the Will:
Errors include the omission of key words, using the wrong gender, creating a ‘general’ legacy rather than intended ‘specific’ legacy, and in cross referencing precedents.
We have seen a number of poorly drafted Wills (including some by solicitors) that contain very simple mistakes.
Trying to Control the Future from the Grave:
Where a person tries to control an asset after their death they risk creating an implied trust.
A typical example is ‘I give to my daughter this [gift] but if she should subsequently divorce then I give the [gift] to my son.’
And the solution -
Two witnesses are required for a Will to be valid. A witness will not be able to benefit from any Will they witnessed.