Do You Need a Lawyer to Make a Will?

When it comes to planning for the future, one of the most significant steps you can take is creating a will. Yet, you may find yourself wondering whether you should hire a lawyer or try a do-it-yourself approach. The answer depends on the complexity of your estate, the clarity of your wishes, and the comfort you feel navigating legal requirements on your own.

Below, we break down some key considerations and scenarios that can help you decide whether engaging a legal professional is the right choice for you.


When a Lawyer Can Make a Difference

1. Complexity of Your Affairs:
If your estate is straightforward—say, one property, a savings account, and a single beneficiary—writing a will yourself might be manageable. However, life rarely fits neatly into a simple template. Consider professional help if you have:

  • Multiple properties or significant investments
  • Business interests or partnership agreements
  • Beneficiaries in different countries
  • Complex family structures (e.g., blended families, estranged relatives, stepchildren)
  • Specific conditions you want to attach to gifts (such as setting up a trust for a minor child or a family member with special needs)

In these cases, a lawyer can ensure your will accounts for all contingencies and is crafted to prevent misunderstandings and future disputes.

2. Clarity and Precision:
A valid will must meet certain legal requirements, and its wording matters. Ambiguous language or unintended loopholes can lead to costly court battles for your loved ones after you’re gone. A lawyer brings professional precision, ensuring that the document says exactly what you mean, leaves no room for guesswork, and stands up in court if challenged.

3. Minimizing Risk of Disputes and Challenges:
A properly drafted will, done with legal guidance, significantly reduces the risk of conflicts among family members. Lawyers can help you anticipate potential disagreements—perhaps by explaining the implications of excluding someone from your will or favoring one beneficiary over others—and structure your will in a way that’s both fair and defensible.

4. Tax and Trust Considerations:
If you are interested in creating testamentary trusts, protecting assets, or reducing tax liabilities for your beneficiaries, a lawyer’s insight is invaluable. They can advise you on strategies to manage inheritance taxes, plan for long-term financial benefits to your heirs, and make sure everything aligns with current legislation.


When a DIY Approach Might Suffice

If your situation is truly simple—one beneficiary, minimal assets, and no complex family dynamics—you might feel comfortable creating a will using an online tool or a DIY kit. These can be cost-effective and quick solutions, but remember:

  • You’re relying on your own understanding of the law.
  • A single missed requirement (e.g., improper witnessing) can invalidate the entire will.
  • Future changes in your circumstances (marriage, divorce, acquiring new assets) may require a professional review later.

Balancing Cost and Peace of Mind

One of the primary reasons people hesitate to hire a lawyer is cost. While a professionally drafted will generally costs more than a DIY version, consider it an investment. The expense now can prevent larger legal fees and emotional stress for your family later if something goes wrong.

Think of hiring a lawyer as a form of “insurance” for your estate plan. You’re paying for expert guidance, legal assurance, and the confidence that your will respects your true intentions—now and into the future.


Finding the Middle Ground

If you remain uncertain about whether you need a lawyer, consider:

  • Initial Consultations: Many lawyers offer a first meeting at low or no cost. Use this opportunity to assess how complicated your situation really is and whether professional help is warranted.
  • Periodic Legal Check-Ins: Even if you draft a basic will yourself, having a lawyer review it can add a layer of protection. As your life changes, you might engage an attorney to update specific clauses or incorporate more sophisticated planning techniques.

Final Thoughts

Do you need a lawyer to make a will? Not always—but you should carefully weigh the complexity of your assets, your family structure, and your comfort with legal documents. For simpler estates, a DIY approach may suffice, so long as you’re diligent and aware of the legal standards. But if there’s any complexity, uncertainty, or long-term strategic thinking needed, professional legal advice is often the safer and more reassuring route.

Ultimately, the decision hinges on your desire for peace of mind and how much you value the certainty that comes with professional guidance.

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Last updated: 16 December 2024

Disclaimer: This information is designed for general information. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1300 580 413 or contact us to arrange free initial advice.

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