When Cheap = Expensive
There's a Dutch saying - "Goedkoop is duurkoop" - which translates directly as "Cheap is expensive." It's the kind of wisdom that sounds like a contradiction until life proves it right. And nowhere is it more true than in the world of wills and estate planning.
We hear it all the time: "Can't I just grab a will kit from the post office?" or "My cousin did hers online and she said it’s fine - why should I pay a lawyer?"
We understand the impulse. Nobody enjoys paying legal fees. But here's the uncomfortable truth: the money you save at the start has got a good chance of being dwarfed by what your family loses at the end. And because you won't be around to see it, you'll never know it happened.
Four decisions of the High Court of Australia tell the story better than we ever could.
The claim you didn't see coming
In Singer v Berghouse (1994), the High Court set out how family provision claims work. If someone eligible - an adult child, a former spouse, a dependant - feels they've been left without adequate provision, they can ask the court to rewrite your will. The court isn't bound by your wishes. It's bound by the legislation.
No will can guarantee protection against these claims. But a proper solicitor's file – containing extensive details in the form of evidentiary documents about who was considered, who was left out, and why - is often what saves an estate from being torn apart later.
“A man with money is no match against a man on a mission.” - Doyle Brunson
Vigolo v Bostin (2005) came out of Western Australia and looked at a will-maker's moral duty to family. The takeaway? You can't just divide your estate however you like and assume the court will wave it through. Judges weigh community expectations of a fair and wise testator.
The single most valuable thing in defending your will after you're gone may be a well drafted and contemporaneous file note, statutory declaration or letter of wishes explaining your reasoning. Those documents doesn't exist when your will comes from a template.
Get proper advice
Badenach v Calvert (2016) is a wake-up call. The High Court confirmed that a solicitor drafting a will has a duty to ask about family and to warn the will-maker if leaving someone out could trigger a claim.
But here's the kicker: The estate in Badenach was modest. The family provision claim - plus the legal costs on both sides - largely consumed it. The beneficiaries inherited legal bills instead of assets.
That's goedkoop is duurkoop in a single sentence. Save a few hundred dollars on the will; lose tens or hundreds of thousands on the litigation.
When DIY is “D-I-why-did-you-do-that?!”
Hill v Van Erp (1997) is the case every estate lawyer remembers. A beneficiary's spouse witnessed the will. Under the rules, that invalidated the gift. The will-maker's clear intention - completely defeated by a technical slip.
DIY wills are riddled with these potential traps: wrong witnesses, ambiguous gifts, missing revocation clauses, uncertain descriptions of property. Any one of them can undo the whole document.
Meanwhile, in 2026…
If you think Badenach was a one-off, think again. In Keighran v Bishop (No 2) (2026), decided just this year in the New South Wales Supreme Court, a husband made a will three weeks before his death leaving everything to his five children and cutting out his wife, Barbara. Two days before he died, he even severed the joint tenancy over the matrimonial home so his half of the house fell into the estate rather than passing to Barbara automatically.
Barbara brought a family provision claim - and won. But look at the price tag: the combined legal costs came to almost $450,000 (roughly $255,000 for Barbara and $194,000 for the executor). Those costs were close to the value of the estate's principal asset - the family home itself. The Court noted that the way costs fell was likely to leave everyone disappointed.
Weigh that against the numbers at the start. A few hundred dollars of searches and a properly scoped will are trivial compared with a five- or six-figure dispute, a depleted estate, and beneficiaries left with far less than intended. The cheapest will is rarely the least expensive outcome.
When you engage a solicitor to prepare your will, you're not paying for the paper. You're paying for:
The questions they ask - about your family, your dependents, and anyone who might have a claim
Advice on how to reduce the risk of a family provision fight
A written record of your reasons - the file note that can save your estate if things get contested
Proper execution - so a five-minute formality doesn't destroy a lifetime of planning
Joining the dots - integrating your will with your enduring power of attorney, enduring power of guardianship, super, and jointly-held assets
The bottom line
The Dutch had it right. Cheap really can be expensive. The cheapest will is often the most expensive one - cheap because you saved a few dollars up front, expensive because your family may spend years, and much of their inheritance, sorting out the mess.
You'll never see the fallout. But the people you love will. Proper advice now can be the single most cost-effective gift you can leave them.
📞 Let's make sure your will actually does its job.
Book a no-obligation Will & Estate Planning consultation with The Family Will Co.
We'll sit down with you, ask the right questions, document your reasons, and make sure your wishes have the best chance of being upheld - so your family inherits assets, not arguments.
📱 Call Cara Barratt on 0493 554 229
✉️ Email cara@familywillco.com.au
🌐 Or visit us to book online
Because peace of mind for your family should never be a bargain-bin purchase.
This article provides general information only and is not legal advice. Family provision law and eligibility differ between states and territories, and every estate turns on its own facts. For advice about your situation, speak with a qualified solicitor.
The Family Will Co. is led by Cara Barratt, Principal Solicitor. Cara brings nearly two decades of legal and commercial experience across private practice, in-house legal roles, property, business and commercial advisory work.
She was admitted as a lawyer in South Africa in 2006, and later admitted in Australia in 2018.
Cara understands that estate planning is not just about documents. It is about people, families, relationships, risk and the small decisions that can make life much easier for loved ones later.
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Cases referred to:
Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201
Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191
Badenach v Calvert [2016] HCA 18
Hill v Van Erp (1997) 188 CLR 159; [1997] HCA 9