DIY wills are often seen as a quick and cost-effective way to set out your wishes. And believe me, I can understand the temptation to download a free DIY Will or pay a fraction of the price you would a solicitor for a Will. They can appear to be a cost-saving and quick solution to not having a valid Will.
However, while the upfront savings of a DIY will might be tempting, the long-term risks can be significant. I have seen so many clients over the years who tell me they have prepared their own Wills or have ‘downloaded something from the internet’!
So what are the risks of going down the DIY route? In this article, we’ll explore the common pitfalls of writing your own will, explain why these shortcuts can cause long-term problems for your loved ones, and show how professional legal advice can give you peace of mind.
What are the risks of DIY Wills?
99% of the time, DIY Wills are not fit for purpose. Often, they have been incorrectly prepared and assets do not end up with the intended beneficiary.
But that’s not the only pitfall that is associated with DIY wills. Here’s a rundown of some of the main risks:
Invalid or poorly drafted documents
Many DIY wills fail to meet the legal requirements to be valid. Missing signatures, incorrect witnessing, or vague language can result in the entire will being rejected.
This means your estate could be distributed according to intestacy laws, not your wishes.
Assets going to the wrong people
Provisions may have been made to a predeceased beneficiary without a substitutional beneficiary being nominated.
As mentioned above, this means the estate will now be distributed in accordance with the Intestacy Rules and could be directed to a family member the client no longer has a relationship with or has never even known!
No protection for blended families
Also, with many people having ‘blended’ families i.e. unmarried lifelong partners, children from previous relationships, stepchildren etc, an estate passing by way of Intestacy could cause problems. Your unmarried lifelong partner will not benefit at all from your estate and neither will any stepchildren you may have spent your life raising.
This can cause a lot of unnecessary financial issues and heartache in addition to the grief of losing a loved one.
A simple Will may not be what you require with your blended family.
You may require a Life Interest Trust Will, which leaves your share of the property you co-own with your current partner to your children from your previous relationship, whilst entitling your current partner to remain within the property throughout their lifetime. Thereby ensuring a balance from which both your children and new partner are protected.
Lack of tax planning
A solicitor can help structure your will in a way that minimises inheritance tax or protects assets for future generations. DIY wills rarely include this level of planning, which could cost your family thousands unnecessarily.
Disputes and delays after death
Poorly worded or ambiguous clauses can spark disputes and legal challenges between family members. Not only can this lead to emotional stress, but it can also delay probate and reduce the value of the estate due to legal costs.
DIY Will vs lawyer: what are your options?
Seeing a professional lawyer allows your family and financial circumstances to be considered rather than a one shoe fits all DIY Will. You will leave with tailored advice and a Will that suits your specific needs.
On many occasions, when speaking with clients I hear ‘I didn’t think of that’ or ‘I didn’t know that could be done’.
As cheesy as it sounds, knowledge is power – so why choose to be uninformed and risk what you have spent your entire life building when you can be certain you have safeguarded your assets for your loved ones?
For me it’s a no brainer… say no to DIY Wills, as you do get what you pay for!
Reach out to Talbots’ will writing experts
At Talbots Law, we don’t just help you write a Will – we help you plan for peace of mind. Our experienced will writing solicitors will take the time to understand your personal and family circumstances, explain your options clearly, and create a legally sound Will that reflects your wishes.
We offer straightforward, jargon-free advice and tailored solutions for blended families and complex estates. As well as this, our services come with transparent pricing with no hidden costs. Don’t leave your legacy to chance. Get in touch with our wills and estate planning team below to start the process, or call us to book an appointment at your nearest office.
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Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional.