If you’re thinking about writing your own Will to save money, be careful—DIY Wills often fail when it matters most. In NSW, improperly drafted Wills can lead to family disputes, court battles, and your final wishes being ignored. That’s why Lyon Legal strongly recommends working with an experienced estate planning lawyer to create a legally sound Will that protects your assets and your loved ones.
1. The Rise of DIY Wills in NSW
Online templates, downloadable forms, and “write-your-own-Will” kits have become popular in recent years. With the click of a button, NSW residents can download a cheap, fast DIY Will for as little as $30. But convenience doesn’t equal certainty.
According to the NSW Supreme Court, contested Wills and probate challenges have increased significantly over the past decade, and DIY Wills are often at the centre of these disputes.
While DIY options may suit simple circumstances, most people have more complex estate planning needs than they realise. That’s where legal expertise makes all the difference.
Protect Your Legacy – Speak to an Estate Planning Lawyer Today
2. The Hidden Risks of DIY Wills
Here are the top reasons DIY Wills often fail in NSW:
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✅ Lack of legal knowledge – Misunderstanding NSW succession laws or using unclear language.
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❌ Invalid execution – Not signing or witnessing the Will correctly.
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⚖️ Ambiguities – Vague terms that require court interpretation.
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Complex assets – Failing to handle superannuation, trusts, or property correctly.
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Family provision claims – Unintentionally disinheriting eligible family members.
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Missing updates – Life changes like divorce, marriage, or new children aren’t reflected.
In short, what seems like a small mistake today can lead to massive legal headaches tomorrow—for your loved ones and for your legacy.
3. Real-Life Case Studies: When DIY Wills Go Wrong
Case Study 1: The Missing Signature
A man in Tweed Heads created a Will using an online kit, naming his stepchildren as beneficiaries. He forgot to sign one page. After his death, the Will was deemed invalid, and his entire estate passed to his estranged biological children under intestacy laws.
Case Study 2: The Homemade Will in Byron Bay
A woman wrote a Will on a notepad without witnesses. Her intentions were clear, but because the Will didn’t meet formal requirements under the Succession Act 2006 (NSW), it ended up in court. Legal costs drained thousands from the estate, and family relationships were permanently damaged.
Protect Your Legacy – Speak to an Estate Planning Lawyer Today
4. What Makes a Will Legally Valid in NSW?
Under the Succession Act 2006 (NSW), a valid Will must:
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Be in writing (typed or handwritten)
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Be signed by the will-maker (testator)
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Be witnessed by two adults, who must sign in each other’s presence
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Be made voluntarily and by a person of sound mind
Failure to comply with even one of these elements can result in a Will being challenged—or completely disregarded.
Protect Your Legacy – Speak to an Estate Planning Lawyer Today
5. Common Mistakes in DIY Wills
Even small errors can result in expensive court disputes. Here are some frequent DIY Will mistakes our lawyers at Lyon Legal encounter:
| Mistake | Risk |
|---|---|
| Using ambiguous language | Leads to disputes or misinterpretation |
| Failing to revoke prior Wills | Causes confusion about which Will is valid |
| Excluding dependants without provision | Leads to family provision claims |
| Not properly witnessing the document | Makes the Will invalid |
| Not appointing a capable executor | Results in delays and mismanagement |
6. Why a Lawyer-Drafted Will Is Safer
A Will prepared by an experienced estate planning lawyer provides:
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✅ Legal clarity – No ambiguous wording or confusing clauses
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✅ Compliant execution – Your Will is properly signed and witnessed
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✅ Customisation – Tailored to your family, business, and property needs
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✅ Tax-aware structuring – Helps reduce capital gains or income tax risks
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✅ Protection against future claims – Designed with NSW succession laws in mind
At Lyon Legal, we go beyond drafting – we offer peace of mind.
7. What Happens If a Will Is Invalid?
If your Will is found to be invalid in NSW, your estate may be distributed under intestacy laws, regardless of your true intentions.
Here’s what could happen:
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Your assets may go to relatives you did not choose
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Dependants or partners may be left out
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The estate may face lengthy court delays
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Family conflicts may escalate into expensive litigation
In many cases, the cost of fixing a DIY Will after death is far greater than hiring a lawyer to get it right from the beginning.
Protect Your Legacy – Speak to an Estate Planning Lawyer Today
8. Lyon Legal’s Approach to Secure Estate Planning
At Lyon Legal, we specialise in estate planning for families across Northern NSW, from Ballina to Byron Bay, Lismore to Tweed Heads.
We offer:
✅ Personalised Wills
We tailor your Will to your exact wishes, covering property, business, and superannuation.
✅ Powers of Attorney & Guardianship
Protect your future by appointing someone you trust to make financial or health decisions if you lose capacity.
✅ Family Provision Planning
We help you reduce the risk of contested estates by addressing family complexities up front.
✅ Fixed Fees & Plain English
No hidden surprises. Our services are accessible and easy to understand.
✅ Secure Document Storage
We store your Will safely and provide certified copies when needed.
9. FAQs About Wills in NSW
Q: Can I write my own Will in NSW?
Yes, but it’s risky. Without legal advice, your Will may not meet the formal requirements or cover all your needs—leaving your estate open to disputes.
Q: What happens if I die without a valid Will in NSW?
Your assets will be distributed under NSW intestacy laws, which may not reflect your wishes.
Q: How often should I update my Will?
You should update your Will whenever your circumstances change—such as after marriage, divorce, children, or acquiring new assets.
Q: Can I leave someone out of my Will?
Yes, but NSW law allows certain people (like spouses, children, or dependants) to challenge the Will if they are not adequately provided for.
10. Secure Your Family’s Future – Contact Lyon Legal Today
If you care about what happens to your estate after you’re gone, don’t take shortcuts. DIY Wills may seem cheap now but can cost your family dearly later.
At Lyon Legal, we understand the local laws, family dynamics, and estate risks faced by Northern NSW residents. Our experienced team offers trusted, affordable estate planning services to ensure your wishes are carried out—without dispute or delay.
Book your confidential consultation today:
Protect Your Legacy – Speak to an Estate Planning Lawyer Today
Website: https://lyonlegalservices.com.au
