I recently did some DIY at home, painting my daughter’s bedroom. The result was okay (as long as you don’t look too closely).
Unfortunately, when it comes to DIY Wills, people do look closely.
A Queensland Case from late 2023, Re Chambers, is yet another example of the “savings” on a DIY Will not stacking up.
In this matter, it was a 2 page Will. The deceased signed page 1, but the witnesses didn’t. The witnesses signed page 2, but the deceased didn’t.
To meet the formal requirements of a Will in Queensland, amongst other things, the Will must be signed by the Willmaker, in the presence of 2 or more witnesses – both of whom must be present at the same time.
The Court was required to determine whether the Will met the formal requirements. The Court found that the Will was validly executed in the circumstances.
I am not aware of the costs of the hearing, but generally these types of matters would cost in the thousands of dollars and greatly exceed the costs to have a professional assist with the preparation of a Will.
Obtaining assistance from a professional is a sensible idea and yes, I will engage a professional painter next time.