Wills play a key role in estate planning and are often tailor-made by lawyers to best suit the circumstances of each individual.
But what happens when a will is created without proper knowledge of the rules and regulations that surround wills?
The recent case of Oga v Bourne [2025] NZHC 3685, illustrates the risks associated with using DIY wills. In Oga v Bourne, the will-maker (Mrs. Bourne) used a will template from Whitcoulls to record the division of her estate between her seven children. While her wishes were not complex, her will was ultimately meaningless – with no named beneficiaries of the residuary estate, and no specific bequests being listed in the homemade will.
Unfortunately, Mrs. Bourne did not understand the legal terminology used in the will, which led to unforeseen consequences following her death.
Mrs. Bourne’s ‘s family only became aware of the error after taking the will to solicitors during her final illness. The discovery prompted legal proceedings in the High Court to correctly record Mrs. Bourne’s wishes. Luckily, the family’s evidence was enough to convince the Court to vary the original will under the Wills Act 2007 and release her $126,000.00 estate.
This story serves as a warning of what can happen when seemingly simple, uncomplicated DIY wills go pear-shaped. Wills are, in nature, legal documents that require an understanding of the specific terminology to ensure the requests of the individual can be carried out. While the family in this example were ultimately able to remedy these mistakes, this may not always be the case.
While a will template may be the cheaper option, the risk of additional stress and financial cost of court proceedings far outweigh these benefits. By consulting a legal professional, you and your loved ones benefit from the peace of mind of knowing that your estate can be managed and distributed in the way you wanted, without necessary delay or burden to your loved ones.
Don’t leave your will to chance. Contact our friendly team to write or update your will.