The Problem with DIY Wills - What Can Go Wrong
Published: 18 June 2026 | Last Updated: 18 June 2026
A DIY will kit costs about $30 from the newsagent. A properly drafted will from a qualified estates lawyer costs more than that. And for some people, particularly those with very simple circumstances and no complications, a will kit may work.
But in our experience, most people underestimate how complicated their affairs actually are. And the problems that come from a poorly drafted will don't show up until after you've died, when the people you love are left to sort them out.
The most common problems we see
Witnessing Errors
In New South Wales, a will must be signed in the presence of two adult witnesses, both of whom must also sign the will in your presence. The witnesses can't be beneficiaries under the will.
These rules sound simple, but they're frequently misunderstood. A will that's been signed incorrectly may be invalid, and an invalid will is usually as difficult as having no will at all.
Unclear or ambiguous wording
Will kits use template language. And your life doesn't fit a template
Vague descriptions of assets, undefined terms, inconsistent wording, or gifts that don't quite match what the deceased actually owned can leave beneficiaries and executors in a genuinely difficult position, sometimes requiring a court application to resolve what the will actually meant.
Assets that don’t pass through the will
Many people don't realise that some of their most significant assets won't be covered by their will at all. Superannuation passes according to a binding death benefit nomination with your fund, not through your estate. Assets held as joint tenants pass automatically to the surviving owner. If your will doesn't account for what actually passes through the estate, it may not achieve what you intended.
Changed circumstances
Life changes. Marriages, divorces, the birth of children, significant assets acquired or sold, any of these can affect the validity or effect of an existing will. For example, in NSW, marriage automatically revokes a will made before the marriage, unless the will was specifically made in contemplation of that marriage. Many people don't know this.
No consideration of tax or asset protection
A simple will that leaves everything directly to beneficiaries may be entirely appropriate. But for some families, particularly those with farming assets, business interests, or beneficiaries who may need protection, a testamentary trust can provide significant advantages that a standard will kit simply doesn't raise.
No one questions your assumptions
When you fill in a will kit at the kitchen table, no one asks the hard questions. What if your executor dies before you do? What if a beneficiary can't manage money? What if the person you've left the farm to doesn't actually want it? What if your circumstances change completely in the next ten years?
A will kit gives you a form to fill in. It doesn't give you someone to think it through with. In our experience, many of the problems we see with DIY wills aren't drafting errors, they're planning gaps.
What it costs to fix a bad will
The painful reality is that the problems created by a poorly drafted will often cost families far more to resolve than a properly drafted will would have cost in the first place. Court applications to resolve ambiguities, disputes between beneficiaries, and delays in administering the estate all take time, money, and emotional energy, at an already difficult time.
Our view
A will kit isn't inherently wrong. But if your circumstances are anything other than completely straightforward, the savings on a DIY job isn't worth the risk to the people you're trying to look after. After all, you wouldn't fill your own tooth or remove your own appendix just to save on the bill. Some things are worth doing properly.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.