As the festive season winds down and the faint aroma of burnt credit card statements wafts through the air, we in the legal profession brace ourselves for what we affectionately call the ‘post-Christmas will rush’. It’s a beautiful time, a true “Boxing Day epiphany” when families suddenly realise it’s time to sort out their affairs, often with a rushed, home-made solution. And frankly, we couldn’t be happier.
Why do we adore your “pragmatic shortcuts”? Because the DIY Will is the gift that keeps on giving—specifically to us.The Sweet, Sweet Sound of Legal Fraughtness
We genuinely appreciate your commitment to innovation. Who needs formal requirements like signatures and witnesses when you have the boundless creativity of the modern world? We’ve seen it all, and the courts have been wonderfully indulgent, accepting everything from a note on an iPhone to an unsigned email document and even a journal entry as legally valid informal wills.
But here’s the kicker: while those specific cases worked out, they are the exception, not the rule. Informal wills are considered “legally fraught” because proving the deceased intended it to be their final will is an expensive, legal labyrinth. People are “increasingly treating their devices as the ultimate repository of their intentions”—including notes, WhatsApp messages, and even Google Docs—and we cheer every time!. These documents are wonderfully “vulnerable to attack”, ensuring a steady stream of billable hours. After all, why pay a few hundred dollars for a “simple will” now when you can save up and pay us thousands later?.The Unearned Wealth and the Blended Family Bonanza
Nothing provides more job security than the “lure of unearned wealth”—a psychological phenomenon one expert likened to gambling. When the stakes are high, especially with estates involving an unencumbered home in a major city that might be worth over $2 million, the temptation to litigate becomes irresistible.
And let’s not forget the complexity of modern families. The rise in blended families has increased the pool of people eligible for family provision claims, which is a glorious way for current or former dependants to seek a larger slice of the pie. Even letting someone into your home for a “duration or regularity” could lead them to later claim they were a “member of the household” and dependent on you, guaranteeing a fantastic court fight.
In short, whether it’s a suspicious will being “cooked up”, or a “bad or speculative claim” that will inevitably result in an order for the losing party to pay the bulk of our legal costs, your failure to “put the smoke alarms in before the fire starts” by seeing a good solicitor is truly appreciated.
So, please, continue to trust your gut, keep your estate plans in your device notes, and don’t take professional advice. We promise to make the family squabble as expensive as possible.
Disclaimer: The only lessons to be learned are to make a will with a good solicitor and avoid disclosing its contents unless absolutely safe. Don’t wait for a family argument or a health scare to think about your estate.