Nearing the end of a busy weekend, exhausted and with a rare moment to yourself, you hit the couch and begin scrolling social media.

A bright flashy ad pops-up informing you how easy it is to complete an online Will. According to the ad it can be all sorted in less than 15 mins! Mildly intrigued and knowing that a Will is something you have been putting off for years, you put on your adulting pants and give that link a click.

HOLD UP FRIENDS! Before you jump in you should known that using an online Will platform (which is just the ‘jazzed up’ version of the basic post office Will Kit) has a number of pros and cons worth careful consideration.

**We play fair … here are the Pros of online Wills and free Will kits:**

Cheap & Basic: Free legal Will kits or online Will services are often more affordable compared to engaging an experienced lawyer to draft a personalised will. If your assets are minimal and your personal circumstances are very simple they may provide a reasonably sound solution.

Convenience: Online Will services are accessible from anywhere with a reliable internet connection. They allow you to create and update your personal will at your convenience, without the need for any in-person discussions or appointments with a professional.

Speed: Online Will services generally provide a streamlined process, allowing you to quickly prepare a ‘cookie cutter’ document This can be advantageous if you have a need to craft this most important document before dinner hits the table.

**User beware - the cons of online Wills and free Will kits:**

Limited customisation: cheap online Will services typically provide standardized templates that are unlikely to cover all of your specific needs and life circumstances. They may not take into account complex family situations including blended families, unique assets, or unusual distribution requirements. Without personalized advice and human review your important wishes may be misinterpreted by the cheeky robot and result in unintended consequences.

Potential for errors: When creating a will without legal guidance, there is a high risk of errors or omissions which can lead to future disputes or estate challenges. Legal professionals have the expertise to ensure your will is drafted correctly and in a way that reduces ambiguity. In relation to estate disputes, our lawyers have seen where the rocks lie and can help to steer you away from them.

The Big ‘What ifs’: One of the common issues with online platforms is that they fail to adequately take into consideration the full scope of “what ifs” - those various uncertainties which colour and complicate our lives.

For example if you were to scribble in a will kit that the funds in your Commonwealth Bank account are to go to Bob up the road, what is to happen if before your death you close your Commonwealth account and move all of that money to the local Credit Union. An online platform is unlikely to stop you to consider this possibility, but for Bob it could become a million dollar question - does Bob still get the cash or walk away without a dime?!

Lack of legal expertise and oversight: The standard approach of the online platform is to gather your data, spit out a Will, take your money, and vanish into the (digital) night. Leaving you to figure out the important signing step all by yourself. In contrast a ‘real’ lawyer will walk you through the entire process to make sure that your Will is valid with the New South Wales Courts.

Estate Disputes & the obligations of ‘real lawyers’: One of the reasons these platforms are able to charge so little is that they step around the l obligations that a real lawyer has in providing the same service. Importantly, to protect their own professional conduct, and the estate of the will maker, a solicitor will need to collect ID, satisfy themselves that the person has capacity to make a will, and then keep proper notes of their instructions and other observations.

These retained notes can be very important in the event of an estate dispute, as the solicitor may be able to explain the intentions and circumstances at the time of making the will (as you will not be here to explain for yourself).

Keeping you Safe: In New South Wales a will is a physical document; on paper, and signed with ink (“a wet signature” as the cool kids say). The common problem with DIY wills is that they are quickly made, and promptly lost. In the craziness of our modern lives this document may not be located when it is time to administer your estate. In such cases the Court may assume that you may have ripped it up on purpose. To assist our client Abbotts & Co Lawyers will happily hold your original Will free of charge so that you have one less worry.

Online Data Leaks: Need we say more. The internet already has access to enough of your private information and preferences. With even the most secure systems being infiltrated and the data held for ransom by hackers, we advise caution about sharing private information with untrusted online platforms. A ‘real’ lawyer is obligated to keep your Will private and confidential until your death when it is provided to your named executor.

Complex estates: If your estate is more complex, involving investments, business interests, or overseas assets, a cheap online will is unlikely to be able to adequately address your circumstance. Consulting with a lawyer well versed in estate planning can ensure that matters are correctly attended to, in consultation with your accountant and any other relevant entities.

Ongoing Support: Online services generally lack ongoing support. If you have questions which fall slightly outside the scope they will be unable to assist (“computer says nooooo”), or at best they will provide you with a call centre number so that you can have your question answered sometime between today and the end of time. Also, if you miss something or make a minor error in your DIY will you will likely be required to start all over again (and pay all over again).

That Personal Touch: Although Abbotts and Co Lawyers are a modern law firm, fully embracing technology and efficiencies, we know that personal service is not something we should ever march away from. We still believe that people are best served - in a holistic sense - by real people who can fully understand, empathize and connect (and share a coffee).

Principal Solicitor Kieran Abbotts completing a final review of a client’s personalised Will.

The horror stories of free Will kits and cheap online Will services

Any experienced solicitor practicing in the area of will and estates will shudder at the sight of a Will kit being placed upon their desk at the beginning of a deceased estate matter. This is because it becomes our job to untangle the various messes which they generally create for the loved ones left behind.

From half completed kits, to undated and incorrectly signed wills, through to wills which give away the same asset to different people, (or give away no assets at all) - we have seen these kits and online platforms create all sorts of horror stories. It's quite often the case that these ‘cheap and nasty’’ kits end up costing your estate significantly more to rectify or overcome the errors they contain.

While we won’t argue that cheap online Will services appear to be a convenient and cost-effective option (especially with their clever marketing) we know that they do not provide the same level of protection, nor value for money, as working 1-on-1 with a trusted lawyer.

Principal Solicitor Kieran Abbotts strongly believes that personalised, 1-on-1 service is key when creating a Will. By taking time to get to know our clients’ we can carefully consider their unique needs and help them to build their legacy.

Your legacy should not be ‘botched’.

Just like cosmetic surgery, your estate planning is not an area of your life where you should cut every corner (or have a go at it yourself). We strongly urge you to not risk botching up your own legacy.

We encourage our friends to step away from these shiny online ads and give us a free, no obligation call to discuss how we can efficiently and affordably craft a personalised estate plan which is right for your unique life.