A Will is your only method of communicating your wishes after your death. Therefore, it needs to be carefully drafted by a Lawyer, so as to ensure your wishes are properly documented and valid. These are some risks that may arise if you don’t have a properly prepared Will (by a lawyer):
- The court may deem it invalid if it does not comply with the strict requirements of the Wills Act (eg – improperly signed and witnessed);
- The names of executors or beneficiaries being incomplete leading to confusion and subsequent delay;
- The Will-maker not having disposed of all of their estate, therefore leading to a partial intestacy (which means the undisposed part of your estate will be treated as if you don’t have a Will at all); and
- The testator gifting property that they don’t legally own, and therefore, not capable of being gifted, leaving that beneficiary with potentially nothing.