How many times have you asked: Why should I pay  when I can get it for free?

In this regard  cases such as  Re Maria Elizabeth Rudd; ex parte Prince [2015] WASC 107 provide insight as to what often occurs when price alone drives the decision. The matter involved an informal will prepared by a well meaning, however, unqualified person. The documents prepared did not meet the strict legal requirements and so a costly and lengthy litigation ensued.  In making its decision the court observed: “The deceased either was offered, or sought, the assistance of an entirely unqualified person to prepare these three documents. 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 for such officiousness is often one of trying to save the will maker 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”.

Lawyers face many pressures, none more so than the downward pressure on their fees. This is particularly prevalent in the case of providing will services to clients. Given the plethora of self- help and cheap options, clients struggle to see the value of  estate planning. The devil is in the detail, more often than not, the simplicity of a document belies the complex legal concepts that go to making the document. 

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