The appeal of a post office will kit is easy to understand. They are affordable and readily available, promising an easy DIY solution to a subject many of us don’t like thinking about. But preparing a will involves more than filling in a template form. It’s one of life’s most important legal documents, and the risks of getting it wrong only come to light when it’s too late to make changes.

What Is a Post Office Will Kit?

A post office will kit is a pre-printed template document that you can purchase at Australia Post outlets or online. It includes basic instructions and blank fields for the will-maker to complete by hand.

The cost typically ranges from $25 to $100, although some are free and others can cost close to $200. 

The idea is to simplify the process of drafting a will by providing a straightforward framework that any person can complete without legal advice. 

In practice, however, these kits are oversimplified. They assume you have straightforward circumstances and rarely allow for individual tailoring.

This simplified approach may suit a small number of Australians. However, for the majority of people, the potential omissions, errors, and ambiguities increase the risk of an invalid will or claims against the estate. 

Why Do You Need a Will?

There is no question that having a will is essential. A valid, well-structured will allows you to:

  • Control the distribution of your assets: You decide who receives what, rather than leaving it to the default rules of intestacy.
  • Choose an executor for your will: You nominate a trusted person (and backup) to administer your estate.
  • Provide for minor children: Appoint a guardian for any children under the age of 18 and establish mechanisms for their support.
  • Reduce the burden on your loved ones: Prevent uncertainty, delay and family conflict during an already difficult time.

Without one, your estate may be distributed according to intestacy laws. These arbitrary allocations may bear little resemblance to your actual wishes, with distressing consequences for those you leave behind.

5 Key Risks of Using a Post Office Will Kit

1. Lack of Legal Validity

A will must meet specific formal requirements under the Wills Act 1970 (WA) to be legally valid in Western Australia. Simple errors – such as witnesses, failing to sign in the correct location, or pages becoming detached – can render a will wholly or partially invalid. 

A post office will kit cannot guide you through the nuances of these requirements or flag mistakes. Critically, these errors may not be discovered until after the will-maker has passed away.

Legal requirements also differ across Australian states and territories. A post office will kit purchased or completed in one jurisdiction may not be appropriate or valid in another.

2. Ambiguity and Misinterpretation

The language in a will must be clear and precise. Ambiguity can lead to disputes among beneficiaries and even litigation, which erodes the estate’s value in legal costs. 

In some cases, the Supreme Court must determine what the will-maker intended. A clause that seems perfectly clear to you may be open to multiple interpretations by others.

Professional drafting ensures that your will expresses your wishes clearly and precisely, leaving no room for misinterpretation.

3. Failure to Address Complex Situations

A post office will kit operates on the assumption that the will-maker’s affairs are straightforward. In practice, many Australians have circumstances that require careful and tailored consideration. 

While no two situations are identical, a post office will kit is particularly unsuitable in circumstances involving:

  • Significant assets, including property, investments, or business interests
  • Complex or blended family structures
  • Dependants with special needs who may require ongoing support 
  • Business or investment interests
  • Prior marriages or de facto relationships

For example, jointly-held assets may not form part of the estate in the way many people expect. Similarly, some inheritances may be subject to capital gains tax, introducing an unintentional liability on beneficiaries.

Post office will kits cannot account for these complexities in the same way that wills and estates lawyers can. And the consequences of getting it wrong can be significant and irreversible.

4. Increased Risk of Disputes

Contested estates are becoming more common in Australia – and messier, as both ABC News and The Guardian recently pointed out. Many of the stories in those articles started with cheap DIY will kits that “left more questions than answers”.

Data shows that adult siblings are the most likely to contest a will. Would-be beneficiaries who feel inadequately provided for may bring a family provision claim.

Regardless of the outcome, defending or contesting a will is costly, time-consuming, and deeply stressful. As well as diminishing the estate’s value, contested wills can and do cause irrevocable rifts within families.

5. No Professional Guidance

Perhaps the most significant limitation of a post office will kit is what it cannot offer: an opportunity to ask questions, clarify uncertainties, and get trusted advice from an experienced professional.

Will and estate planning involves strategic decisions that have significant long-term impacts, ranging from asset protection to tax impacts and superannuation handling. Without professional advice from a wills and estates lawyer, you may end up with a will that seems technically complete but is ineffective in practice.

Common Mistakes Made with DIY Wills

Beyond the structural risks, there are a number of practical errors that frequently arise when wills are prepared without legal guidance. These include:

  • Incorrect witnessing: Witnesses who are beneficiaries or who are not present when the will is signed can invalidate the document or specific gifts within it.
  • Outdated information: A will that was accurate at the time of execution may become misleading or ineffective if personal or financial circumstances change.
  • Failure to update: Major life events like marriage, divorce, the birth of children or grandchildren, and the acquisition or disposal of significant assets all warrant a review of your will.

For a more comprehensive overview of issues to be aware of, you can read our article on common mistakes to avoid when making a will.

The Benefits of Seeking Professional Legal Advice

Engaging an experienced wills and estates lawyer provides assurance that your arrangements are legally sound and properly structured to reflect your intentions. In particular, professional advice can:

  • Ensure your will is executed in strict compliance with the law
  • Provide tailored guidance that accounts for your unique circumstances
  • Minimise the risk of disputes by removing ambiguity and addressing potential pressure points 
  • Incorporate strategic estate planning considerations for superannuation, tax, and asset protection
  • Give you and your loved ones confidence that your affairs are in order

The cost of professional advice is modest when weighed against the potential costs – financial and emotional – of a disputed estate or invalid will.

Consider the Trade-Offs of a Post Office Will Kit

A post office will kit may appear to be a convenient and cost-effective solution, but the risks it carries are real and can have lasting consequences for your estate and for those you care about. A will that is invalid, ambiguous or poorly structured can undo the very outcomes you sought to achieve.

Ensuring your will is legally valid and tailored to your circumstances is essential to protecting your estate and your loved ones. Rather than relying on a generic post office will kit, seeking professional guidance from wills and estates lawyers provides clarity, certainty, and peace of mind.

Contact Barnard Lawyers today to arrange a consultation and take the next step towards securing your future with confidence.