Can I make my own will without a solicitor?

  • Yes. Your will is valid whether made with or without the assistance of a solicitor or Trustee, as long as it meets the technical requirements. (see below).
  • The usual problem with homemade wills is that they are typically made as if you are about to die but when you do die (hopefully years later) everything has changed:

    A home made will might say "I leave my house at Hurstville and my Commonwealth Bank account to my wife Mabel, any other money to my sister and my car to my son". This might be fine at the time but what if you have sold the house at Hurstville (perhaps it was sold by your Power of Attorney because you are in a nursing home), the Commonwealth Bank is now called the Murdoch Bank and there is no car ? - the effect of the will, will be completely different. The money from the house will go to your sister and your wife and son will get nothing.

  • An experienced solicitor would be less specific with assets and have thought of the possibility that the house might be sold and turned into cash and that the bank details may change.
Technical requirements of a will
When you don't have a will, who gets it?


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Saturday, 25 September 2021
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