5 Common Legal Mistakes People Make Writing Their Own Will
Eva Hayward • August 20, 2025
For many Australians, writing a will seems straightforward, especially with so many ‘do-it-yourself’ (DIY) templates and online kits available. But while preparing your own will may look like a way to save time and money, even a small mistake can make the document invalid or cause major disputes later. At Janson Lawyers, we often see the costly problems that arise from DIY will mistakes.
Here are five of the most common mistakes people make when writing their own will, and why seeking legal advice is the best way to protect your wishes.
1. Using the Wrong Template or DIY Kit
DIY wills are often based on generic templates that don’t comply with Australian legal requirements. What might look like a valid will on paper can actually be rejected by the courts, leaving your loved ones to deal with unnecessary stress and expense.
2. Incorrect Signing and Witnessing
A will must be signed and witnessed according to strict rules. If the wrong people witness your will, or if it isn’t signed correctly, the entire document may be declared invalid. This is one of the most common ‘DIY will mistakes’ we see when people attempt to prepare their own documents.
3. Choosing the Wrong Executor
An executor is responsible for carrying out your wishes after you pass away. Too often, DIY wills appoint someone who is unwilling, unable, or simply unsuitable for the role. This can lead to conflict, delays and even disputes in court.
Want to learn more about what an executor actually does? The Law Handbook SA
has a clear explanation of executor responsibilities in South Australia.
4. Forgetting to Update the Will
Life changes to marriages, divorces, the birth of children or the purchase of new property, can all impact your will. Common ‘DIY will mistakes’ are failing to update the document after these events, leaving outdated instructions that may no longer reflect your wishes.
5. Overlooking Complex Assets or Family Situations
Homemade wills rarely cover complex situations such as blended families, businesses, overseas property or superannuation. These oversights often result in will disputes, leaving your family to face drawn-out and expensive legal battles.
Why DIY Will Mistakes Can Be Costly
Writing your own will might feel like a simple task, but the risks of getting it wrong are high. From invalid documents to costly disputes, ‘DIY will mistakes’ can cause far more pain and expense than they save.
A qualified wills and estates lawyer can ensure your will is valid, up-to-date and tailored to your personal circumstances. At Janson Lawyers, we help clients across Christies Beach and Adelaide’s southern suburbs prepare wills that provide peace of mind for the future.
Don’t leave your estate to chance, contact Janson Lawyers
today and let us help you get it right.
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