Estate Planning Vetting Risks

Dangers of DIY Will Kits

While pre-printed paper templates and cheap online forms seem convenient, they often lead to catastrophic legal errors. Wording ambiguities and invalid witnessing can drag your family into the High Court, costing thousands in litigation fees.

Draft a Professional Will

The Witness Disqualification Trap

Under Section 11 of the Wills Act 2007, an independent witness cannot receive a legacy under the Will they are signing.

Gifts Rendered Void: If a beneficiary (or their spouse/partner) witnesses the testator's signature, the Will remains valid but the gift to that beneficiary is automatically **voided**. They will receive absolutely nothing.

1. Witnessing & Execution Errors

The Wills Act requires the testator and two independent witnesses to sign using the same pen, at the same time, in the presence of each other. DIY testators often sign alone or out of order, rendering the document invalid.

Wills Act Execution

2. Ambiguous Phrasing

Using non-legal language (such as leaving assets to "family" without defining who is included, or failing to address who inherits if a beneficiary passes away first) creates gaps that default to intestacy rules.

Wording Ambiguity

3. Lacking Capacity Records

When a solicitor drafts a Will, they record files confirming the testator's mental capacity. DIY Wills lack this record, making them highly vulnerable to challenges claiming lack of capacity or elder coercion.

No Capacity Defense

DIY Will Kits vs. Solicitor-Drafted Wills

Legal Aspect	DIY / Online Will Kits	Solicitor-Drafted Will
Statutory Witnessing Audit	No oversight. Highly prone to invalid signatures and beneficiary disqualification.	Supervised execution. Witnessing complies strictly with Wills Act rules.
Wording Precision	Layperson phrasing. Gaps frequently lead to partial intestacy or disputes.	Precise, legally tested vocabulary protecting complex assets.
Capacity Defense	None. Vulnerable to challenges claiming dementia, stroke, or elder pressure.	Detailed solicitor capacity files protect the Will against challenge.
Trust & Tax Planning	Standard layout. Cannot integrate trusts, life interests, or business shares.	Integrated planning (trusts, tax minimization, business distribution).
Secure Storage	Stored at home. Prone to fire damage, loss, or unauthorized changes.	Held securely in our deeds room, with a digital scan in the cloud.

The Section 14 High Court Validation Trap

If a DIY Will contains a signing mistake (e.g. only one witness signed), it is invalid. To enforce it, executors must apply to the High Court under **Section 14 of the Wills Act 2007** to declare the document valid. This table compares the costs of doing it right vs. correcting a mistake:

Financial Impact	Professional Will & Standard Probate	DIY Will with Execution Mistake (Section 14 Application)
Court Filing Fee	$200.00 (Standard Probate application)	$200.00 (Standard) + $2,000+ (High Court trial/filing outlays)
Legal / Solicitor Fees	Standard upfront drafting + standard probate filing costs.	$3,500 — $6,000+ (Drafting affidavits, court briefs, and hearings)
Court Delay	4 to 8 weeks to receive grant of Probate.	4 to 9 months (dependent on High Court sitting dates and evidence)
Outcome Certainty	High (Execution complies strictly with statutes).	Uncertain (High Court decides if the document reflects testamentary intentions).

Codicil Mistakes & Blended Family Risks

1. DIY Codicils (Amendments)

When testators want to make a minor change to their Will, they often print a "codicil" template or write directly on the original document. Under New Zealand law, writing on or defacing the original Will is invalid and risks revoking the entire Will.

Furthermore, any codicil must be executed with the exact same formal witnessing requirements (two independent witnesses) as a full Will. We advise drafting a clean, fresh Will to ensure clarity and avoid high court interpretation disputes.

2. Blended Families & Life Interests

DIY Will kits are designed for simple family setups. If you have a blended family (children from a previous relationship and a current partner), a standard DIY Will leaving everything to your partner with the "hope" they pass it to your children is a recipe for disaster.

Your partner can simply draft a new Will after you pass away, disinheriting your children entirely. We draft specialized **Life Interest Wills** (allowing your partner to live in the home for life, but ensuring the property capital passes to your children upon their death) to protect everyone.

Schedule a Professional Will Vetting Session

Ensure your family is protected, your execution is valid, and your blended family assets are secured. Request an upfront quote from Ian Mellett today.

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Frequently Asked Questions

No. Under the Wills Act 2007, electronic or digital signatures are generally not accepted for paper Wills. The document must be printed on physical paper and signed in ink by the testator and the two witnesses. Temporary emergency regulations during COVID-19 lockdowns allowed audio-visual witnessing, but standard rules require physical presence.

If the original Will cannot be found at death, the law presumes the testator destroyed it with the intention of revoking it. To prove a photocopy or digital scan, executors must apply to the High Court for order to prove a lost Will, requiring affidavits from witnesses to prove it was not intentionally revoked, creating significant delays and costs.

No. DIY Will templates cannot govern or distribute assets held inside a Family Trust. Trust assets are owned by the trustees, not by you personally, and do not form part of your personal estate. You need a specialized "spill-over" Will and deed of debt forgiveness prepared by property and trust lawyers to coordinate trust and personal assets correctly.

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