Many people choose DIY will kits because they appear quick and inexpensive. However, that short-term convenience can lead to long-term legal uncertainty, family disputes, and extra costs for your family. This article outlines the key risks and practical next steps for anyone in New South Wales considering a DIY Will.

Key Pitfalls of DIY Will Kits in NSW

Invalid execution and witnessing errors: NSW law has strict signing and witnessing requirements. Even small mistakes can render a Will invalid.
Ambiguous or poorly drafted clauses: Generic templates often create uncertainty about who receives what and when, increasing the risk of disputes.
Overlooking modern assets: Superannuation, trusts, jointly held property and digital assets are frequently mishandled or omitted in DIY templates.
No assessment of capacity or undue influence — DIY processes don’t record testamentary capacity or protect against coercion, making costly validity challenges more likely.
Unsuitable for complex families — Blended families, step-relations and dependants with special needs require tailored provisions that templates rarely provide.
Failure to update after life changes — Marriage, divorce, births, major asset changes and new business interests require prompt revisions that DIY users overlook.

When a DIY Will Might Be Acceptable

Very simple estates only — Suitable when there is a single testator, limited assets, no minor children, no superannuation or Trust and company complications and a single adult beneficiary.
With legal verification — Even simple DIY Wills should be reviewed by a lawyer to confirm execution formalities and address superannuation and trustee nominations.

Practical Steps We Recommend

Seek a brief legal review to ensure the Will is valid and covers all key assets.
Follow NSW signing and witnessing rules carefully and avoid making handwritten amendments or attaching anything to the will after signing.
Review superannuation and binding nominations separately from the Will.
Document capacity and consider professional witnessing when there are concerns about capacity or possible undue influence.
Update your Wil regularly, especially after major life events, or at least every few years, to keep it current.

Quick Client Checklist

Is your family situation simple or complex?
Have you named beneficiaries for superannuation and insurance separately?
Was the Will signed and witnessed correctly in NSW?
Do you have evidence of capacity if it could be questioned?
Have you reviewed your Will since major life events?

Call to action

If you or a family member used a DIY kit, we recommend a short appointment to review the document and confirm it will achieve your intentions. To book a review, please get in contact with us by calling 9525 8688 or by emailing wmd@wmdlaw.com.au.