The Pitfalls of 'Will Kit' Wills
I had a referral from an interstate solicitor. His client was the executor of his late Uncle's Will. The uncle's assets were in NSW so I was instructed to apply for Probate here. The Will was a 'post office' Will kit DIY one. Can still be bought for around $30.00.
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I had been made aware of a 'hole' in the Will in Clause 3. The uncle had wanted to leave $50,000.00 to his brother but the brother had pre-deceased him. The intention was probably to leave it to his sister-in-law but that was not made clear. So we had an obvious partial intestacy.
We briefed counsel who advised that it could be handled in one of two ways: one way was to commence proceedings and have the Supreme Court construct the Will - a very expensive procedure. The other way was for the nephew / executor to just give the $50,000.00 to the sister-in-law and prepare a Deed of Release for the sister-in-law (who had to get her own legal advice).
The executor chose the latter course which still cost him over $4,500.00! A very good option was the Will kit. Not!
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