DIY Wills Can Cost Your Family Everything: Lessons from a Queensland Supreme Court Case

When it comes to estate planning, many people are tempted to save money by using a “will kit” or online template.

But a recent Queensland Supreme Court decision is a powerful reminder that what seems cheap now can become incredibly expensive later.

What happened in this case?

In Sorati & Anor v Sorati [2025] QSC 14, a 94-year-old man prepared a will using a DIY will kit instead of seeing a lawyer.

On the surface, the document appeared valid. It was signed and witnessed. It distributed his estate.

But there was a critical problem — he did not have the legal capacity to make the will.

After his death, his family became involved in a dispute that ultimately went to the Supreme Court.

Why was the will invalid?

The Court carefully examined medical and factual evidence and found that:

• The deceased was experiencing cognitive decline

• He had difficulty understanding his own prior will and assets

• His decision-making was influenced by incorrect information and confusion

In simple terms, he did not meet the legal test for testamentary capacity.

Because of this, the Court declared the will invalid.

What was the result?

Rather than giving effect to the DIY will, the Court revived an earlier will prepared by a solicitor.

However, the real cost was not just the change in distribution.

• The dispute took years to resolve

• Significant legal costs were paid from the estate

• The overall inheritance pool was reduced

Why this matters for you

This case highlights several key risks with DIY wills:

1. Capacity is not assessed

A lawyer is trained to identify issues of capacity and take steps to protect the validity of your will. A will kit does not.

2. No safeguards against challenges

Homemade wills are far more vulnerable to disputes — particularly in blended families or where relationships are complex.

3. Errors can undo your intentions

Even if your wishes are clear, a legally defective will may be completely disregarded.

4. Your estate pays for the mistake

Legal disputes are often funded from the estate — meaning your beneficiaries ultimately bear the cost.

The takeaway

A will is one of the most important legal documents you will ever sign.

Saving a few hundred dollars upfront can result in:

• family conflict,

• court proceedings, and

• a significantly reduced estate for your loved ones.

How to protect your estate

To minimise risk:

• Have your will prepared by an experienced estate lawyer

• Ensure your capacity is properly assessed and documented

• Regularly review your will as your circumstances change

• Obtain advice tailored to complex family arrangements

Final word

The lesson from Sorati v Sorati is simple:

If your will is not legally valid, it may not be worth the paper it is written on.

If you are considering updating your will — or want peace of mind that your current will is enforceable — obtaining proper legal advice is one of the best investments you can make for your family’s future.