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Some of my colleagues say, with dry humour, that they love "do-it-yourself" will and power of attorney kits because they create so much work, and income, for the legal profession. This is, no doubt, true, and the volume of such work is sure to increase as the use of these kits becomes more popular. However, lawyers have a duty to warn their clients and the public of the dangers of using these kits. These notes discuss some of those dangers.
- Drafting
The days of arcane and long-winded legal drafting are disappearing. However, it is still important that documents such as wills and powers of attorney are carefully and professionally drafted. Poor drafting may cause a result quite different from what you intended. The kits try to minimise the need for additional drafting, but it cannot be eliminated entirely. The risk commences as soon as you put pen to paper!
- Execution
The kit will probably contain extensive instructions on how to execute your will or power of attorney validly. However, it is extraordinary how many times such instructions are not understood or not followed. Sometimes people think they have followed the instructions, but the markings on the paper tell a different story. Such important documents should be executed under the supervision of your solicitor.
- Inflexibility
No matter how well it is constructed, no kit can cater for the infinite variety of circumstances and desires which people can have when they are considering how to draft their wills and powers of attorney. You should not be compelled, or even encouraged, to conform to a particular format if that format cannot satisfy your wishes. The best way to ensure that your individual circumstances are taken into account, and given effective expression, is to consult your solicitor.
- Complacency
Kits can give you the impression that the task is quite simple. Rarely is this true. The kit may tell you about the need to review your will regularly or when your circumstances change, but will you do it? The kit publisher won't remind you. Your solicitor is likely to have a system of regular reminders for clients to review their wills and other personal arrangements.
- Bad behaviour
A kit is a very useful tool in the hands of an unscrupulous person. It is very easy for such a person to fill in a "kit will" in his own favour and then improperly to influence, or even coerce, an elderly or otherwise disadvantaged person to execute it. If this is done with an ignorant or compliant witness, the document will be very difficult to challenge. Solicitors are alive to these possibilities and they know how to safeguard the interests of clients who may be vulnerable.
- Cost
A "kit document" will always be less expensive than a document prepared for you by your solicitor. However, the cost of sorting out a mess created by your "kit document" is likely to be enormous. That cost will probably be borne by you or by members of your family.
The chances of a "kit document" failing to achieve your desired result are unacceptably high. You can minimise those chances by investing in the knowledge, skill, experience and personal service of your solicitor, who will provide you with a document tailored to your individual circumstances and wishes.