WHAT JUDGES SAY ABOUT WILL DRAFTING

 
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These are statements made by Judges who are experienced in wills and estate litigation about the making of wills. Bear in mind that Judges are conservative by nature and careful with the use of words:

A High Court Judge:

Because wills are legal documents involving many technicalities, attending to their preparation and execution requires the exercise of professional skill and care.

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A Supreme Court Judge:

Homemade wills are a curse… [and, after referring to problems presenting by a badly drawn will]… All of this could have been avoided if the testator had consulted a lawyer and signed off on a will which reflected his wishes. There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a will is money well spent.

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A Supreme Court Registrar:

The deceased was either offered, or sought, the assistance of an entirely unqualified person to prepare these three documents [being inadequately prepared wills]. That person would no doubt protest that she was just trying to help a friend. She was no help at all. A claim of good intentions is no defence. The fact is that unqualified people who intermeddle in the preparation of documents that have legal operation cause great harm. The defence of such officiousness is often one of trying to save the willmaker money. That is sterile. This deceased, could have had several wills professionally prepared for a fraction of the cost that has been imposed on her estate by this application.

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