dr brett davies

Curse of the homemade will

Curse of the homemade will

“On numerous occasions when dealing with so-called homemade Wills, I have observed they are a curse. Homemade Wills which utilise what is sometimes known as a ‘Will kit’ are not much better. This case proves the point….”

Master Sanderson, Rogers v Rogers Young [2016] WASC 208

Kathleen Rogers loved her daughter, Alexandra. Mum’s Will left everything to her. Mum died of cancer when Alexandra was not yet 18. The Estate was intended to be held on trust until Alexandra was 25. Unfortunately, mum’s newsagency Will kit did not agree. The Will was ambiguous as to what ’25 years of age’ meant.

The penny dreadful Will kit cost the daughter $200,000: $100,000 to attack a Will and $100,000 to defend. It’s paid by the estate, so 18 year old Alexandra lost out here. Mum could have gone to our law firm’s website and built a professional Will for a mere few hundred dollars.