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No one likes to think about death, especially our own. But it’s important to plan for the inevitable, and that includes drafting a will. If you’re not sure how to go about creating a will, you might be considering using a will kit. Before you do, there are some things you should know. Keep reading to learn more.

The Wills Act 1936 (SA), sets out certain legal requirements that need to be met before your Will is enforceable. If you choose save costs by using a kit from the post office, make sure of these points and comply with them; otherwise we can guarantee it will cost more money in estate fees if mistakes are made which could lead us back down another path where people might not receive any assets at all after death – even though they were meant for their benefit!

Problems with Will Kits

Will Kits are a great way to make your estate plans in advance, but they come with some downsides. Below are some issues which often occur when the deceased has used a Will Kit to prepare their Will:

  1. Legal terminology can be confusing and unfamiliar to many. If you are not trained or well versed in the legal sector, then it is possible that when completing Will Kit forms one could easily interpret terms incorrectly which would lead them into ambiguity resulting finally causing problems with administering your estate because Courts need certain information before agreeing upon validity of wills so they may distribute assets accordingly. If the Will is deemed invalid, then your assets might end up in someone’s hands that you wished to exclude from your Will.
  2. A Will Kit doesn’t cover everything. The process of preparing a will can be complicated depending on your family circumstances. If you have former spouse or defacto partner, stepchildren and even children that are too young to make their own decisions about what they want – then in each case there needs specific wording so your wishes for them come true! If you want to exclude a family member who is otherwise entitled to your estate at law, then you must have an exclusion clause stating your intention and reason for excluding such person in your Will. This will minimise the risk of them contesting your Will after your death. It will of course not prevent it altogether. The Will Kits also don’t consider all of the important issues that may arise when creating a will, such as tax consequences for your estate or if one gift fails.
  3. An improperly executed Will is invalid. If you are looking to pass on and distribute your assets, then it’s important that any Will is properly executed. There can be specific requirements for how a will should signing and keeping; many people overlook these details resulting in an invalid Will. There are specific requirements on how a Will should be signed and kept. Many people have overlooked these requirements and result in an invalid Will. For example, the Will must be signed in front of two witnesses and signed on every page. If the formal requirements of a Will are not met, it may be held to be invalid and again, your estate will incur significant expense in having the Court attempt to interpret your wishes in the Will. If the Will is invalid, you will be considered as passing away without a Will and your estate it will be distributed in accordance with provisions under the Administration and Probate Act 1919. This can lead others who were intended beneficiaries receive nothing at all while other people could benefit greatly when they weren’t supposed to.

Estate planning is an important step in making sure your loved ones are cared for. A lawyer can help with the preparation of wills, especially if you want to avoid expensive mistakes or complications down the line when it comes time-to leave something behind

Hiring our skilled team at Westmont Legal will give peace of mind knowing everything has been taken care off before any issues arise!

This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you. Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.