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  • Writer's pictureEvan Sarinas

Protecting Your Legacy in Townsville: The Pitfalls of DIY Wills

Updated: 7 days ago

The prospect of drafting your own Will, without the perceived hassle and expense of involving a Lawyer, can seem enticing for many people.


How hard can it be, right? In this article, we will examine some of the dangers and pitfalls of relying on DIY Will Kits to set out your important legacy and wishes, especially in the context of Townsville, Queensland.


Table of Contents



 

The Importance of Your Will


Your Will is one of the most critical legal documents you will ever create. It acts as a blueprint for distributing your assets creating inter-generational wealth and fulfilling your wishes after you pass away.


It should be considered a “living document” that is reviewed and updated periodically, especially when significant life changes occur, such as marriage, separation and divorce, acquiring or disposing of assets, and the birth of children or grandchildren. You should also periodically review your will in case your Executors and/or Beneficiaries pass away.


What Are the Risks?


Using DIY Will kits may initially seem cost-effective, but the potential risks often outweigh the perceived benefits:


  1. Fixing Mistakes: Errors in a DIY Will can be costly to rectify, often requiring legal assistance.

  2. Disputes: Poorly drafted Wills can lead to disputes between beneficiaries or challenges to the validity of the Will.

  3. Administration Issues: Executors may struggle with administering a DIY Will, leading to delays and additional expenses.


How Can an Experienced Succession Lawyer Help?


In Townsville, consulting with a knowledgeable Succession Lawyer can mitigate these risks significantly. They provide tailored advice and guidance on:


  • Formalities and Validity: Ensuring your Will meets all legal requirements for validity.

  • Capacity and Circumstances: Assessing your testamentary capacity and advising on potential challenges.

  • Independent Advice: Protecting your interests from undue influence or fraud.

  • Comprehensive Estate Planning: Addressing complex issues like superannuation policies, family provision disputes, and tax considerations, including advising on Testamentary Trusts.

  • Executor Selection: Assisting in choosing suitable executors and trustees.

  • Property and Asset Management: Advising on asset transfers, joint property, and trust assets.

  • Family Dynamics: Considering family structures and potential conflicts.

  • Ancillary Issues: Including guardianship of children, funeral wishes, and organ donation and whether you need an Enduring Power of Attorney.


Conclusion


Drafting a Will with the guidance of a skilled Succession Lawyer in Townsville ensures your wishes are clearly outlined and legally enforceable. It minimises the risk of disputes and maximises the protection of your estate for your loved ones.


For peace of mind and comprehensive legal support, leave the DIY projects for your home improvements and entrust the responsibility of drafting your Will to a professional.


Contact us to arrange your appointment today and secure your family's future with confidence.


Evan Sarinas - Principal of Sarinas Legal

As founder and Principal of Sarinas Legal, Evan Sarinas brings over 30 years of experience to his role as a respected litigator and no-nonsense negotiator. With a deep commitment to serving the Townsville community, Evan focuses on estate planning, ensuring clients' legacies are protected with meticulous care and legal expertise.


For comprehensive legal guidance in estate planning and property law matters, reach out to Evan Sarinas and his dedicated team at Sarinas Legal today.


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