The Hidden Risks of DIY Wills
Writing your own will can be a tempting option if you’re looking to save time and money, while setting out your wishes for after your death. However, if it is done incorrectly, the consequences can be detrimental. It can lead to severe delays in administering your estate, assets being distributed in a way that does not reflect your actual wishes and disputes between your loved ones. A homemade will may save time and money initially, but these benefits must be weighed against the potential impact of mistakes on your loved ones and estate.
What Makes a Will Legally Valid in England and Wales?
In England and Wales, there are strict legal requirements for a will to be formally valid and if the requirements are not fulfilled properly this would mean that the will is invalid. In those circumstances, your estate is likely to be distributed under the intestacy rules instead of according to your wishes. This could mean your assets pass to unintended beneficiaries and inheritance tax planning opportunities are missed, highlighting the importance of a properly prepared and executed will.
Can Ambiguous Wording in a Will Cause Disputes?
If wording used in the will is ambiguous, this can also lead to the lack of clarity in what your true intentions are which can result in disputes between beneficiaries and even result in a gift in your will failing altogether. Moreover, disputes can also lead to court proceedings, which can be costly and damaging to your family. Although the language used in professionally drafted wills can seem technical, it is aimed to provide clarity and minimise the risk of disputes.
What Happens to Your Will If You Get Married or Enter a Civil Partnership?
If your will is not prepared correctly, it can also lead to unintended consequences. For example, if you have a partner who you are not legally married to or in a civil partnership, then they would not have any right to your estate under the rules of intestacy.
Many people are often unaware that if you make a will and subsequently marry or enter into a civil partnership, your existing will automatically become revoked. If this is not your intention, it is important to seek legal advice to ensure your wishes remain effective.
What Happens if I Die Without a Will?
When someone dies without a Will, they are said to have died intestate. In these circumstances, their estate must be distributed according to the Rules of Intestacy. This means the estate passes to the deceased person’s closest living relatives. If there are no living relatives, the estate passes to the Crown. Read more…
An article by Asya Erol
How Can You Protect Your Assets and Ensure They Pass to Your Children?
If you leave your entire estate to your spouse or civil partner and you do not share children together, there is no guarantee your assets will ultimately pass to your children. In these circumstances, you may wish to include provisions in your Will, such as a life interest trust or discretionary trust, to help protect your assets and ensure they pass according to your wishes.
Should You Use a Solicitor to Write Your Will?
Although homemade wills can be tempting, seeking advice from a legal professional with experience in will drafting can provide peace of mind and reassurance that your wishes will be properly recorded and that your loved ones will be looked after in the future.
Speak to Our Wills and Probate Solicitors Today
Making a will yourself may seem like a simple and cost-effective option, but DIY wills can carry significant risks if they are not drafted or executed correctly. Errors, unclear wording or failing to meet the legal requirements for a valid will could mean that your wishes are not properly carried out and may lead to disputes between your loved ones.
At Edwards Duthie Shamash Solicitors, our experienced wills and probate solicitors can help you prepare a legally valid will that clearly reflects your wishes. We will take the time to understand your circumstances, explain your options and provide clear, practical advice to help ensure your will is properly drafted and executed.
We understand that thinking about what will happen to your estate in the future can feel daunting. Our team can advise you on the legal requirements for making a valid will, as well as issues such as inheritance tax, trusts and protecting assets for your loved ones.
If you are considering making a DIY will but recognise the risks of doing so and would like advice on preparing a professionally drafted will, contact Edwards Duthie Shamash Solicitors on 020 8514 9035 or complete our online contact form to discuss your requirements.
Wills and Probate Solicitors FAQs
If you are considering making a will yourself, it is important to understand the potential risks and legal requirements involved. Our FAQs answer some common questions about DIY wills and when professional legal advice may be appropriate.
A DIY will can be legally valid in England and Wales provided it meets the relevant legal requirements, including being properly written, signed and witnessed. However, mistakes in the wording or execution of a will can result in it being invalid or failing to reflect your wishes. Edwards Duthie Shamash Solicitors can advise you on preparing a valid will that accurately records your intentions
If you are unsure whether your DIY will meets the legal requirements, Edwards Duthie Shamash Solicitors can review your circumstances and advise you on preparing a valid will that properly reflects your wishes. Contact our wills and probate solicitors for advice.
DIY wills can carry risks if you are unfamiliar with the legal requirements or your circumstances are more complicated than they initially appear. Unclear wording, incorrect execution or failing to account for matters such as trusts, children or inheritance tax can have unintended consequences. Edwards Duthie Shamash Solicitors can help you understand the issues that may need to be considered when preparing your will.
If you are considering making a DIY will, Edwards Duthie Shamash Solicitors can help you understand the potential risks and ensure important issues are properly considered. Contact our experienced wills and probate solicitors for clear, practical advice.
Using a solicitor to write your will can provide reassurance that your wishes have been properly recorded and that the will has been correctly drafted and executed. Professional advice can also be particularly valuable where you have children, significant assets, a business, or more complex family circumstances. Edwards Duthie Shamash Solicitors can provide practical advice tailored to your circumstances and help you put an appropriate will in place.
If you would like reassurance that your will has been properly prepared and reflects your wishes, Edwards Duthie Shamash Solicitors can provide tailored advice and help you put an appropriate will in place. Contact our wills and probate solicitors today.