When a $25 Will Costs $600,000: Why You Need an Estate Planning Lawyer in NSW

It’s easy to assume that making a Will is straightforward. A form from the post office. A template downloaded online. Signed and put away. But when that document is relied upon, the consequences of getting it wrong can be significant.

The recent Supreme Court of NSW decision in Corbould v Gay [2026] NSWSC 385 is a clear example.

The Case: A Last-Minute Will Under Scrutiny

Shortly before his death, the deceased attempted to make a new Will using a basic precedent document, the type commonly available for around $25 from the post office. That document became the centre of a contested probate proceeding.

The Court was not satisfied that the document was valid, with issues including:

• Whether it was properly signed;
• Whether the deceased had testamentary capacity;
• Whether he understood and approved the contents; and
• The presence of suspicious circumstances.

The earlier professionally prepared Will was ultimately admitted to probate and accepted as the last true will of the deceased.

The Real Cost of Getting It Wrong

The estate was worth approximately $1.15 million. The legal costs incurred in the litigation? Close to $600,000!

More than half the estate was lost to litigation.  All arising from a document that likely cost no more than $25 to prepare.

Where DIY Wills Fall Short

The issue is not just the document itself,  it’s the absence of process. A Will is not simply a form. It is a legal instrument that must withstand scrutiny at a time when the person who made it is no longer able to explain their intentions.

This is where the role of an experienced solicitor becomes critical and this case demonstrates that estate planning is not just about creating a valid document, it is about creating a plan that will hold up under scrutiny.

An experienced estate planning solicitor ensures that documents are executed correctly, assesses the capacity of the will maker at the time of signing and keeps detailed notes for the situation where the will is challenged in Court.

Speak With an Estate Planning Lawyer in NSW

At Coal Coast Legal, we focus on one question: Will your estate plan hold up when it’s tested?

If your current Will is a template, a DIY document, or has not been prepared by a solicitor who is experienced in estate planning and estate litigation, it may be worth reviewing.

To speak with our experienced estate planning team, contact our office today on (02) 4218 3555.