SPOTLIGHT ON: The Dangers of homemade Wills
The dangers of homemade Wills
It’s easy to be tempted to make a Will at home, without seeking specialist legal advice – mainly because it can be cheaper and doesn’t require you to take the time out of your day to see a Solicitor. However, if a Will is not prepared correctly, it may be invalid which, in the long run, can be more expensive and complicated for your loved ones.
There are strict rules about the way in which Wills are made and executed, and errors can easily be made if you do not comply with them. Other problems can arise in relation to the wording that is used, as many words have specific meanings in law, which are different to their everyday use.
Additionally, many people are tempted to simply alter their homemade Wills every time their circumstances change. However, crossing out sections and handwritten amendments can cause even more difficulties and are unlikely to be valid in the long term.
It is not only the execution of a homemade Will that can cause problems. Important information that Solicitors are trained and have the experience to ask and include, may be omitted by someone who does not specialise in the drafting of Wills. Further, ambiguous or imprecise language can cause sections of your Will to be misinterpreted, meaning your wishes would not be carried out.
If a Will is invalid for any reason, your loved ones may have to make an application to the Court for the error to be rectified. Not only does this mean that the administration of what may be a straightforward estate, would become far more complex, lengthy and costly; it could cause acrimony between those left behind.
Whilst homemade Wills may appear to be of good value, in reality they often cause more problems in the long term. Around 90% of litigation surrounding Wills and inheritance issues, stem from someone having made a homemade Will. Figures also suggest that poorly drafted or ineffective DIY Wills are to blame for prolonged difficulties faced by 38,000 families a year.
Will drafting is a highly specialised field but is sadly not regulated by any overarching body. This means that anybody can claim to be a specialist Will writer, who does not have the required knowledge or experience to ensure that your wishes are carried out correctly. Further, such Will writers likely do not have any professional indemnity insurance, meaning if your Will is drafted incorrectly, your loved ones will not have any legal recourse against the person/persons who caused the difficulties.
Solicitors on the other hand, have years of training, knowledge and experience and are regulated by a strict code of conduct and ethics. The best way to ensure that your Will is as watertight as possible, and that your wishes are carried out, with efficiency and empathy, is to seek legal advice when it comes to making your Will.
Our expert Solicitors within the Private Client team can provide advice regarding everything outlined above, and tailor their suggestions to your personal circumstances. Please do get in touch for further information on 01530 510 666.
