No such thing as a ‘free will kit’
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IF YOU’VE searched for an Australian Government free will kit, you’re not alone. It’s one of the most common searches bringing people to the website of Yorke Peninsula law firm, Mildwaters Byrth.
But Mildwaters Byrth senior estate clerk Tanya Phillips says consumers should bear in mind the evergreen saying — if it looks too good to be true, it probably is.
“There is no single, official, government-branded product called ‘Australian Government free will kit’,” she says.
“What shows up is usually a private business offering a template, sometimes with an upsell attached or linked to funeral or insurance marketing or charities offering free wills, in the hope of getting you to make a bequest to them.”
Tanya says the real options look a little different to responses to the search term and knowing the difference matters before you sign anything or hand over personal details.
In South Australia, the closest thing to a government will service is the Public Trustee. They can prepare your will at no cost, but only if you meet their eligibility criteria and only if you appoint the Public Trustee as your executor.
Tanya advises if what you’ve found online carries the words “Australian Government” in its name or branding but doesn’t link to a genuine gov.au site or name the relevant state Public Trustee, treat it with caution.
“We understand the appeal of ‘free’ offers but we’ve sat across the table from too many Yorke Peninsula and Mid North families dealing with the aftermath of a will that wasn’t checked properly,” Tanya says.
“I have handled more of these cases than I can count at our Kadina and Minlaton offices and the same problems keep coming up.
“For example, superannuation often sits outside a will altogether; family trusts and company property usually can’t be handed over through a basic template; and a home held as joint tenants doesn’t pass the way many people assume.
“We’ve seen a house in dispute because the wording was unclear. Sorting out the true intentions of the deceased then meant bringing in legal experts, including barristers, at a significant cost.
“We’ve also seen an estate simply left to “charity”, with no charity named, no split specified, and no amount attached.”
Tanya says blended families face their own extra layer of risk, with new partners, children from earlier relationships, and inheritance laws that a template was never built to navigate.
“A poorly worded will kit costs more than time and money to fix,” she says.
“It can also cost families their peace, with disputes straining relationships at a stressful time.”
Mildwaters Byrth have been part of the Yorke Peninsula community since 2015 and the team has more than 40 years of combined legal experience and knowledge of regional property and farming succession.
The firm’s three-step plan involves connecting with clients and understanding their situation, drafting a will and explaining it, and guiding them through signing and storage of the will.
Contact Mildwaters Byrth to schedule a consultation and get a will prepared by people with knowledge and experience.
