If I had a dollar for every time I've heard A will isn't worth the paper it's written on, in the comments section of social media, under an article, or on the few occassions I'm forced against my will to listen to talkback radio, well let's just say I'd probably be hanging out somewhere else (or would I?!).
When people start talking about the value of paper in the same sentence as testamentary wishes, what they actually mean is that when it came time for the will to do some heavy lifting, it fell down because of one (or more) of the following reasons:
1. It was legally invalid -
- The will hadn't been drafted, signed or witnessed properly.
- The person making it didn't have the mental capacity.
- It was made under pressure or undue influence.
- It inadequately provided for the people legally required to be provided for.
2. It was poorly drafted -
- The wording was vague, contradictory, or incomplete, meaning executors and/or beneficiaries couldn't act on it without going to court.
- There were ambiguities, meaning judges, not the deceased, ended up deciding what happens to the estate.
3. It didn't achieve what the dead person (or the beneficiaries) wanted -
- Sometimes a will is technically valid, but assets are left in ways that trigger unintended tax bills, disqualify beneficiaries, or cause assets to fall outside the estate (eg superannuation or jointly-owned property).
- Sometimes a will maker leaves instructions without fully understanding the consequences or flow-on effects of their choices.
If a will maker chooses not to pay a professional to ensure their will holds up under scrutiny or is fit for purpose, I feel like that's on the will maker. When you pay for a will drafted by a professional lawyer, you're not paying for the paper (though personally, I use very nice, thick, glossy paper). What you're paying for is years of experience from an expert who is going to help you avoid these avoidable problems (you can read more about that HERE).
When is a will NOT worth the paper it's written on?
The short answer: when it's used as a weapon.
After 20 years and listening to hundreds of "nightmare will" stories, I've come to see a pattern. The wills people complain the most about, comment the most on, get up in arms or butt hurt about are the ones where someone has tried to use their will to:
Punish people (wills aren't for excluding people who disappointed you)
Divorce (wills aren't for breaking up with your spouse)
Be a hero (wills aren't for looking like a good person if you weren't)
Reveal secrets (wills aren't a place to introduce your old family to your new one)
Make good on a threat (wills aren't for parting shots)
Have a joke (wills aren't for taking the piss or testing the waters)
Reconcile (wills aren't for making up if you're not around to hear the other side of the story)
Rule from the grave (wills aren't for dictating how people live without you)
...
Wills are not weapons.
If you're planning to write a will that does any of these things, the chances your estate ends up in court or that your family fights is high.
It's also pretty likely your story will be trotted out by all your mates in the comments sections on social media or getting airplay in the middle of the night on talkback radio.
Spending money on writing a will that is a paper aeroplane on a fast track to a dispute, really isn't worth any amount of money.
Writing a will that's legally sound, fit for purpose, and looks after the people you love - that's worth a whole ream of very nice, thick, fancy paper (and more).
If you want to write a will that holds up in court, rewards the people you want to reward and makes sure your family stays friends after you die - let's chat.