DIY & AI Wills: A cheaper option now and a costly mistake later

Writing a will is one of the most important legal actions you’ll ever take. It protects your loved ones, provides clarity about your wishes, and ensures your assets are passed on as intended.

With DIY will kits available online and in stores for as little as $30, many people are tempted to go it alone. But what seems like a simple, budget-friendly solution today can turn into a financial and emotional nightmare down the track.

DB & Co Legal explains why these kits often cause more harm than good and why speaking with an experienced wills & estates lawyer is an investment in peace of mind.

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The Appeal of DIY Wills

DIY wills are often marketed on their:

• Affordability – a fraction of the cost of a lawyer

• Convenience – complete it from home on your own time

• Privacy – no need to disclose personal details to a third party

And in theory, DIY wills can be legally binding, if they meet all formal and legal requirements and reflect your personal circumstances accurately.

But therein lies the problem.

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Common Pitfalls of DIY Wills

While they may seem straightforward, DIY wills are plagued by technical, legal, and practical issues. Here are the most common (and costly) mistakes that are regularly seen:

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1. Failure to Execute the Will Properly

Strict legal formalities apply to wills. Even minor mistakes, like using only one witness, having witnesses use different pens, or having a beneficiary witness the will, can invalidate it.

In some states, if a beneficiary witnesses the will, their gift could be forfeited. And, without two qualified adult witnesses signing each page, the will might not be valid at all.

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2. Using Ambiguous or Incorrect Language

DIY kits use generic templates that may not reflect your intentions clearly. Ambiguous wording or incorrect naming of beneficiaries or executors often leads to confusion, misinterpretation, and disputes.

If an instruction can’t be understood or followed, a court may disregard that clause—or worse, disregard the entire will.

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3. Trying to Gift Assets You Don’t Own

Your will can only dispose of assets you own at the time of death. Many DIY wills attempt to gift assets that sit outside of your will, such as:

• Jointly owned property;

• Superannuation; and

• Insurance payouts.

One real example: A will-maker wanted their life insurance used to pay off the mortgage so their son could inherit the house debt-free. However, the insurance policy listed their new partner as beneficiary. The partner kept the payout, and the son received a house with a mortgage still attached. A lawyer would have flagged this issue and helped them restructure their wishes properly.

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4. Outdated or Oversimplified Instructions

DIY wills rarely consider future changes in circumstances, such as remarriage, new children, selling a house, or major asset changes.

For example, if you leave a specific property to someone and later sell it, they might end up with nothing, unless your will has been updated accordingly or drafted to include fallback provisions.

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5. Failing to Appoint an Executor

The executor manages your estate when you pass away. Forgetting to appoint one doesn’t invalidate the will, but it complicates the process and can spark family disputes over who should take on the role.

A properly drafted will names an executor (and a backup), outlines their powers, and can even provide guidance for how to handle specific assets.

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6. Inadequate Protection for Complex Family Structures

If you’re part of a blended family or have dependants from multiple relationships, DIY wills simply won’t cut it. These situations require careful legal planning to avoid conflict.

DIY templates are typically “one-size-fits-all” but your family and finances are not.

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7. Capacity Concerns

A valid will requires the person creating it (the “testator”) to have mental capacity and be acting of their own free will. If there’s any question about capacity—due to dementia, Alzheimer’s, or other cognitive issues—a DIY will is vulnerable to challenge.

Lawyers are trained to assess capacity and will recommend medical evaluations if needed to support the will’s validity.

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Real Cases Where DIY Wills Went Wrong

Wehbe v Giotopoulos [2023] NSWSC 827

Mrs Wehbe, who had limited English skills, signed a DIY will prepared by her son. It left her estate to three sons, excluding two daughters. The court found:

• There was no evidence she understood what she was signing;

• The will had not been properly witnessed; and

• There was no clear rationale for excluding her daughters.

The will was ruled invalid. The estate was distributed under intestacy laws and gifted equally to all five children.

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Thompson v Upton [2021] WASC 158

Mrs Thompson drafted her own will, leaving specific properties to her daughters. However, her instructions were unclear, and she failed to include a residuary clause (which outlines what happens to leftover assets).

As a result, part of her estate passed through intestacy. Legal costs consumed a significant portion of her $500,000+ estate—money that should have gone to her family.

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Make It Count

Would you wire your house without an electrician? Or let an untrained person service your car? Writing your will is no different—it should be done with expert help.

At DB & Co Legal we offer:

• Legally valid, custom-drafted wills

• Strategic advice for asset protection and tax planning

• Guidance on executors, beneficiaries, trusts, and blended families

• Ongoing support to update your will as your life evolves

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