DIY WILL KITS
The importance of engaging a properly qualified and experienced Solicitor to undertake your Estate Planning Review and prepare your Will is well illustrated by the Supreme Court of Queensland decision in the case known as in the Will of Ethel Florence Panigas (deceased) and in the Will of John William Panigas (deceased).
In that case Mr and Mrs Panigas had made valid Wills in 2003 by appointing Solicitors to undertake the task for them. In 2011 they purchased DIY Will Kits. In the case before the Court, the Court was asked to decide whether the documents made in 2011 on the DIY Will Kit were actually valid Wills or if they were not, whether the Wills made in 2003 with the assistance of a Solicitor were valid. As Justice Henry found “the problem manifesting itself here was not a lack of capacity but, rather, lay incompetence or carelessness in completing the Will Kit”. The Court decided the Wills completed by the Solicitors in 2003 were valid and the documents that arose from the use of the DIY Will Kits were not valid.