April 6, 2020

Can you write a Will without using a solicitor?

Written by Amy Matthews

In theory, the answer is yes. 

Any person can write a Will provided they have the capacity to do so. 

However, we see it all too often that mistakes are made because proper and bespoke advice is not obtained.

Wills are, above all things, a personal affair. They detail your personal wishes in relation to your assets and sometimes your funeral. Without the correct wording, it may be the case that items which hold special and sentimental value to you are passed to those who you do not wish to receive them. 

During the course of your lifetime, you will take out insurance policies on things that mean a lot to you, be that a house, a car or a piece of jewellery. So, doesn’t it stand to sense that you get advice from a professional to help ensure the right people inherit those items once you are gone?

There are questions that a pre-typed Will template or an online submission form cannot ask you.

Therefore, we must ask whether they really act in your best interests? 

They are not able to advise you on how best to avoid potential family conflicts, how to best protect your business or your assets overseas. 

They are not able to talk with you about any concerns as to a family member’s divorce or how to protect your grandchildren’s interests.

Why use a solicitor?

Firstly, our team of solicitors are all qualified Will-writers with extensive experience of drafting Wills and what’s more, are frequently audited.

Secondly, our solicitors are able to ask you pertinent questions which will enable them to get a clear picture of your current situation, your final wishes and how best to structure the Will to reflect this information. 

Also, certain circumstances affect the validity of your Will, which you may not be aware of. If your circumstances change and you do not update your Will (or worse, you take to amending your D-I-Y Will without advice), this could, in turn, end up being worse for your estate and family than having no Will at all.

By speaking to one of our team in confidence, we can help deal with these issues so you can rest assured that things will run smoothly for your family when the time comes. 

What’s more, dealing with a solicitor will provide you with a personal service, answer any questions you have, alleviate worry and help you achieve peace of mind.

Don’t forget, any mistakes made in the drafting or execution of the Will can have major implications on your estate and family – which is what we all want to avoid and prevent legal problems for loved ones.  

Probate

Administration of estates is often hindered by D-I-Y Will amendments, causing added stress and grief which could have been easily avoided by dealing with a professional will writer. 

Data suggests that poorly drafted or ineffective D-I-Y wills are to blame for a prolonged probate process for some 38,000 families per year.

Furthermore, invalid signature or incorrect wording can completely invalidate the whole or part of your Will. Sadly, this means that the small sum of money you saved in drafting your Will could end up wasted in inheritance tax or legal fees later down the line.

In addition, solicitors keep a confidential log of your wishes and what was discussed when making your Will so that in the event that there is ever any confusion or a challenge, there is always a point of reference as to what you meant at the time.  

At Peter Lynn and Partners, our solicitors are trained to assist with the most straight forward to the most complex of Wills, and as well as being experts in estate and tax planning; we offer a tailored and personable approach to suit your needs.

Call 01792 450010 or email [email protected]o.uk for further information on Wills, Trusts and Lasting Power of Attorney and to arrange a free 30-minute consultation.

As we are unable to meet clients face-to-face at the moment, we are still able to complete the Will writing process, albeit remotely. To see how we do this, we have a short guide here – https://www.peterlynnandpartners.co.uk/how-we-are-helping-people-draft-or-update-their-wills-remotely-a-step-by-step-guide/