DIY Wills v professional drafting - Is a will-kit Will worth it?
19 January 2026
At first glance, a DIY will-kit seems like a quick, easy and budget-friendly solution to ensure your estate planning is up to date, but is it a good idea?
The appeal of DIY Wills
The appeal of DIY Wills is simple:
- Cost – The up-front cost of will-kit Wills and DIY templates available online cost a fraction of the price of a solicitor-prepared Will.
- Convenience – You can prepare your Will at home, in your time, without ever scheduling an appointment with a solicitor.
- Accessibility – Will-kit Wills and DIY templates can be easily downloaded online or purchased from vendors such as Australia Post.
In 2024, the NSW Trustee and Guardian reported over 60% of NSW residents did not have a valid Will[1]. As it is an unfortunate certainty in life that we will all die one day, having a valid Will is essential.
A valid Will ensures that your testamentary intentions are clearly documented, it gives you control as to how your estate is to be distributed and as to who the beneficiaries are, and it typically provides for a smoother process when your family and loved ones deal with your estate (contrasted if you do not have a valid Will).
For some people with less complex circumstances — for instance, modest personal belongings and no complex family structures — a DIY Will may be perfectly adequate; however, in many cases, there are many reasons why a professionally drafted and tailored Will is recommended.
The hidden costs of DIY Wills
Strict legal requirements must be met
In NSW, a Will must satisfy formal requirements under the Succession Act 2006 (NSW) (the Act). For instance, the Will must be in writing and signed by the will maker while in the presence of two independent adult witnesses.
Failure to comply with the requirements in the Act can render part of or the whole Will invalid, meaning the estate may need to be distributed pursuant to the Act, rather than pursuant to your wishes in your Will, which could result in assets being left to different beneficiaries to those you intended.
Lack of personalisation
DIY Wills typically take on a ‘one-size-fits-all’ form, which will not reflect the nuances of your personal circumstances.
DIY Wills will not address complex assets, deal with specific interpersonal relationships (e.g. blended families), trusts, business interests, or provide for the establishment of discretionary testamentary trusts, special disability trusts or protective trusts to name a few.
Ambiguous language and mistakes
Without legal training, people often use terms or directions which are unclear and imprecise. An ambiguous clause can cause disputes and result in court proceedings.
A simple example of ambiguous language could be reference to ‘children’ without specifying whether that term is intended to only refer to biological children and exclude any step-children or if it includes biological children and step-children, etc. A common example of when this may be relevant is a parent leaves their whole estate to their two children, but if one of the children does not survive them, then the child’s share is to be gifted to that child’s ‘children’ equally which, in some circumstances is intended to only include biological grand-children.
No advice and discussion about practicalities of estate administration
A DIY Will usually will not provide the will maker with an opportunity to discuss their testamentary wishes and personal circumstances with a professional who may be able to point out particular issues or suggest alternative methods to ensure the estate is dealt with in the most appropriate manner.
There are also additional benefits in meeting with a solicitor as they will be able to speak to the will maker’s capacity at the time of making the Will and, if there are any questions regarding capacity at the date of the will makers death, the solicitor’s file, including any files notes from meetings with the will maker, may be imperative to confirm the Will was validly made.
How Sparke Helmore can assist you
The cheap and quick nature of DIY Wills undoubtedly makes it an attractive solution for many people; but the risks — including invalid Wills, unintended outcomes, disputes, and expensive litigation down the track — are real and significant.
Even if your intention is to only have a ‘simple Will’, seeking professional advice will offer better peace of mind that your estate will be dealt with as you intend it.
When it comes to something as permanent and impactful as your Will, it’s important to get it right the first time. Sparke Helmore assists many clients with their Wills, ranging from ‘simple wills’ to complex wills establishing testamentary discretionary trusts.
