A warning about Post Office Will Kits

You may be tempted to try and save money by picking up a Will Kit from the Post Office.  But be warned – there is a risk that a will made using a standard Will Kit may be found to be invalid.

The recent Queensland Supreme Court decision in In the will of Ethel Florence Panigas (deceased); In the will of John William Panigas (deceased) [2013] QSC 172 is a perfect example.  In this case, a husband and wife had both made wills using Post Office Will Kits.  The Court refused to recognise these documents as valid wills.

The documents were not properly signed and witnessed and were unclear as to what property was to be gifted to whom.  Even though the Court was satisfied that there was a general intention to make wills, the terms of the document were too unclear to determine Mr and Mrs Panigas’ intentions.

To ensure your intentions are properly reflected, you should resist the temptation to opt for a Will Kit and have your will drafted by a Solicitor.

In the recent words of Judge Sanderson of the Supreme Court of Western Australia:  “There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a will is money well spent.”

McLaughlins are Gold Coast will lawyers who can assist you with drafting your will to ensure it will be valid.