When I was still studying, when I had more free time and less life responsibilities, or said another way... “back in the day....” I had no aspirations to becoming a mechanic or a passionate car tinkerer. I did enjoy repairing and mechanically maintaining my cars though. I had the books, the manuals and many of the tools.
Sure, saving money was a big motivating factor for a student, but so was the sense of achievement from doing it yourself.
Engine tuning, changing the oil and various filters, repairing or replacing worn parts, bodywork repairs, it was what many young blokes did. I changed the head gasket on a Mini, but it took me more than 3 days though! I mean, I had to keep referring to the manual, then source a torque wrench, interpret the manual again, buy another new gasket after damaging the first one I bought, and so it went.
One day, the brake pads needed replacing. Referred to the manual again, followed the instructions - it took me what seemed forever, but it was the bleeding the brakes that stumped me! I just couldn’t get the brake pedal to firm up. I asked friends for help, we checked the manual, followed it to the letter, but the soft pedal persisted.
I wanted to save money, but I wasn’t about to gamble on such a fundamental safety risk. The mechanic was retained, paid, and all was fixed professionally – firm brake pedal again and the confidence that it had been done right.
When it comes to home made wills, will kits and the like, when I last looked prices ranged from around $30 up to around $70. I’ve read the instructions included in most. Some are just 2 pages, others are in a comprehensive in booklet form. The instructions are quite good and accurate.
Generally its appears to be an inexpensive way to get yourself a will. But is it?
In my career as a solicitor, I guess I’ve personally helped clients in deceased estate matters where there was a DIY, or home made, will perhaps a couple of dozen times, maybe more. In all of those cases – note I say all - there was a problem. Some small, many were significant. In the worst one, the will maker inadvertently gave a huge part of his modestly valuable estate to a religious organisation where it was clear it was never his intention.
In all cases, it caused additional stress and various degrees of additional expense. Family disagreements resulted in many others.
I know my figures are just anecdotal, but it surely raises a serious issue.
From a cynic’s perspective, DIY and home made wills can be great for lawyers! Given their high problem rate, it results in even more work and fees for lawyers retained to try to untangle the mess.
I began writing this almost a week ago. It was timely that the Don't risk a DIY will article was published this week in the Sydney morning Herald. Rather than have me reiterate how DIY wills can be more problematic, have a read of the article. It’s quite succinct and to the point.
Bleeding the brakes just didn’t work for me, no matter how many times I read and followed the manual’s instructions. Finally, the need to get a mechanic became obvious, I couldn’t get that brake pedal to work properly and, though totally mechanically unqualified, I knew there was a huge risk if that job wasn’t done properly.
Unlike brake pedals that don’t work properly, a DIY will even after following instructions, problems in it are not so obvious to the unqualified and in my experience, far too often the problem only becomes apparent when it’s too late.
Whether making your first or your next will, to protect and distribute your assets you’ve worked hard to build up, forget the DIY risks, and instead see the best person who is qualified and best able to help you, your solicitor.
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