Thinking of Writing a DIY Will? Here are 5 Risks of Getting it Wrong
Some people think lawyers are self-serving when they warn against homemade wills. In reality, lawyers would benefit more by saying nothing at all — because these wills often end up in court, generating plenty of legal work once the will-maker has passed away.
The numbers back this up. In the 2024 financial year, contested probate applications in Victoria rose by almost 35%, according to the Supreme Court’s annual report. A major driver of this increase was wills that failed to meet the strict requirements of the Wills Act 1997.
Homemade wills fall into this category time and again, along with a range of other mistakes that are easy to avoid upfront but expensive to fix later.
In our experience, it’s rare to see a homemade will without problems. These include wills made without legal guidance – whether that’s a post office kit, an online template, or something handwritten at the kitchen table.
And as the saying goes, where there’s a will, there’s a way. If a will leaves someone disappointed, it can quickly become fertile ground for a dispute.
Not long ago, the cost of a court case might have outweighed any potential gain. But today the picture is very different: the average Australian inheritance now sits at more than $700,000 (up from $125,000 in 2019), largely thanks to rising property values and superannuation balances.
Legal costs, on the other hand, haven’t risen anywhere near as fast — making a challenge to an estate far more tempting than it once was.
We understand it may seem simple to write your own will, but homemade wills often run into the same problems. Let’s take a look at five of the most common:
5 Common Issues with DIY Wills
1. A missed signature voids your will
Incorrect witnessing is one of the most common traps. The law requires two witnesses to sign the will in the will-maker’s presence. Yet it’s surprisingly common for a signature to be missed, or for a beneficiary – someone who stands to inherit – to act as a witness.
When this happens, the Court usually requires additional explanation about how the will was created. That means extra paperwork, delay, and of course, additional cost for the estate.
2. Proving you knew what you signed
Even if a will doesn’t meet the strict signing and witnessing requirements of the Wills Act 1997, it may still be admitted to probate as an ‘informal will’. To do so, however, the Court will need extra evidence, especially proof that the will-maker had testamentary capacity at the time they signed it.
That means showing the person understood what a will is, the extent of their assets, and who might reasonably expect to benefit. The problem is that this evidence is often hard to obtain years later, once the will-maker has passed away.
The result? More delay, more cost, and loved ones left uncertain about whether the will is valid.
3. Your super, joint property and trusts are not included in your will
One of the biggest issues with DIY wills is not understanding which assets can – and can’t – be passed on through your will.
Superannuation: Super isn’t automatically covered by a will. To control where it goes, you need a Binding Death Benefit Nomination (BDBN). Only if you’ve nominated your Legal Personal Representative (LPR) under a valid BDBN can your super flow into your estate and be dealt with under your will.
Joint assets: Property owned jointly – like a house or bank account – passes straight to the surviving owner. It doesn’t matter what your will says; you can’t gift away your share.
Company or trust assets: Assets held in a company or trust also sit outside your will. You may be able to pass control of them to someone else, but not by gifting the assets themselves in a DIY will. This is where legal advice makes all the difference.
4. Your will has no Plan B
It’s common for DIY wills to overlook what happens when circumstances change.
Specific assets: People often leave a particular house, car, or account to someone, but then sell or dispose of it without updating the will. That gift then fails.
No ‘catch-all’ clause: Without a residuary clause (a clause that covers everything not specifically mentioned), parts of your estate can be left out, leading to confusion and partial intestacy.
No contingencies: Many wills don’t account for what happens if a beneficiary dies before the will-maker. This leaves courts to sort out where the gift goes, at significant cost.
These simple oversights can create real problems for your loved ones – and they’re all avoidable with proper planning.
5. Wording mistakes cause disputes
Lawyers may sometimes seem overly wordy, but there’s a reason for it. Precision in a will is critical. DIY wills often run into trouble because gifts or beneficiaries aren’t described clearly. It’s not unusual, for example, for someone to leave money to a misnamed charity, only for the gift to fail because the organisation doesn’t legally exist.
Or a person might leave their whole estate to one beneficiary, then also gift their car to someone else. Who gets the car? If the wording is ambiguous, the Court may have to step in to resolve it. These kinds of mistakes are avoidable, but when they appear in a will, they almost always lead to confusion, delays, and unnecessary costs.
Other Issues with DIY Wills
Beyond the five common issues, DIY wills also bring a higher risk of disputes and financial complications.
Increased Risk of Disputes and Court Challenges
Homemade wills are more likely to be challenged, delayed, or even set aside. Common issues include:
Family provision claims: A family member argues the will didn’t make adequate provision for them.
Capacity challenges: Questions about whether the will-maker had testamentary capacity at the time of signing. Lawyers usually take careful notes on this point, which can be critical evidence if a will is contested.
Ambiguous wording: From misspelled names to unclear clauses, executors may have to apply to the Court for interpretation.
Each of these leads to extra costs, delays, and stress that could have been avoided with a properly drafted will.
Tax, Centrelink and Other Complications
Homemade wills also tend to overlook financial and tax issues. Any of the following situations would usually call for specific estate planning advice:
A foreign resident executor or foreign beneficiaries
A beneficiary with a severe disability
A beneficiary at risk of bankruptcy or a family law claim
A beneficiary unable to manage their inheritance responsibly
A significantly sized estate likely to generate substantial income for beneficiaries
Without planning, these issues can create unintended tax burdens and reduce the inheritance your loved ones actually receive.
Conclusion
A homemade Will might save a little money upfront, but there’s a high chance your family will end up paying for it later – financially and emotionally. Many clients have told us they wished their loved one had simply seen a lawyer, sparing them the stress and cost of fixing mistakes after the fact.
To make sure your wishes are carried out and your family receives the legacy you intend, the safest step is to have a specialist estate planning lawyer draft your will and provide tailored advice for your situation.
See this article for more information on avoiding mistakes in your Estate Planning.