If you have been considering writing a Will, it is understandable to be curious about ‘Do-It-Yourself’ (DIY) Wills. Many people are attracted to DIY Wills due to being cheap and easy to complete from the comfort of your home, but writing your own Will can have a detrimental impact.
Reports indicate that the High Court has seen an increase in cases involving disputes between family members and estates of deceased individuals. This is partially due to the number of individuals writing their Will themselves, specifically over the duration of the pandemic and lockdown, using DIY online Will Writing services rather than seeking professional advice.
Despite two out of three adults still being without a Will, the increased number of DIY Wills is a cause for concern. Having a correctly draft Will is crucial, as any ambiguity can cause a family dispute and may lead to legal battles.
Here we take a more detailed look into whether you can write your own Will through a DIY service, what the benefits of using a lawyer to draft a Will are and what are the disadvantages that DIY Wills provide.
What's the benefit of using a lawyer to draft my Will?
Should you decide to put a Will in place, there are many important benefits to using a lawyer’s advice and assistance, including:
- A solicitor can ensure a Will is tax efficient – Wills can be used to reduce inheritance tax but for the best chance of this happening, seeking the advice and guidance of a solicitor is crucial.
- A well-drafted Will preferably done by a professional, can reduce the risk of someone making a claim against your estate – there are many requirements for a Will to be considered valid, including how it is drafted. For example, a Will must be in written form and correctly worded.
- Solicitors have years of expertise, knowledge and skill, including in complicated matters.
- Specialist advice when and where you need it.
- A solicitor can assist with more complicated assets, including property abroad, foreign investments and bank accounts and businesses.
What are the disadvantages of making a DIY Will or an online Will?
If written correctly, a DIY Will can be considered valid and applicable upon a person’s death, but there is an increased risk of contentious probate.
While the benefits of preparing a Will yourself or using an online service may save you money, a well-drafted Will can ensure a valid Will that certifies disputes are avoided in the future.
Generally, DIY Wills are not beneficial and can have many disadvantages to those left behind after you pass away.
One of the most detrimental disadvantages an online Will provides is the lack of provisions it makes for someone who has more complicated circumstances or wishes to add additional aspects to their Will. Examples of what a complex Will can consider, includes:
- Gifts, such as your home, limited to a person’s lifetime
- Ensuring assets go to children of a previous relationship
- Protecting your assets to avoid them being used for care home fees
- Excluding people who would normally expect to be included in the Will
- Providing for ongoing care of a person with a disability
Most DIY Wills only allow for simple Wills, whereas a complex Will often needs a personalised service and template to meet the needs.
If a mistake has been made during Will drafting, it can result in a complicated legal battle that can be costly following the death of a loved one. Simple mistakes in the signing of a Will or its wording can cause problems and sometimes invalidate a Will. Invalid Wills will be left to the law to decide where your estate will go.
Get in touch with our wills solicitors in Newport and Chepstow, who can help you today.
Give us a call at our offices in Newport or Chepstow or fill in our simple online enquiry form and a member of our team will be in touch in due course.
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