Tag Archive: diy wills

1. DIY Wills VS Instructing a Solicitor

   January 8, 2025 12:36 pm Leave a Comment

   When planning for the future, deciding how to draft your Will is a critical step in ensuring your wishes are honoured and your loved ones are protected. While a DIY Will, or a non-regulated Will-writing service may seem cost-effective and straightforward, they can carry significant risks. Understanding the pros and cons of each approach is essential to making the right decision, as Paralegal Lucy Hawkins outlines below:

   

   There are many options available to individuals when looking to prepare a Will, including home-written Wills, Will writers and regulated solicitors such as our firm. Whilst it is tempting to choose the cheaper route, either creating a DIY Will, or instructing a non-regulated Will-writing service, choosing these options may result in issues and further costs later down the line.

   Your Will is an important legal document that needs to be prepared and executed in the right way so as to ensure it is valid. If you choose to write your Will yourself, the risks can include:

   1. Invalid Execution: DIY Wills are often invalidated due to failure to meet formal legal requirements, such as proper witnessing or signing.
   2. Interpretation: Without legal expertise, the wording of a DIY Will may be unclear or open to interpretation. Ambiguities can lead to misunderstandings about your intentions, causing disputes among beneficiaries or claims from unintended parties.
   3. Omissions of Key Provisions: A DIY Will may overlook critical elements, such as appointing guardians for minor children, addressing debts, or stipulating what happens if a beneficiary predeceases you. These omissions can create confusion and legal challenges.
   4. Failure to Address Complex Circumstances: Estates involving blended families, business ownership, international assets, or beneficiaries with special needs require tailored planning. A DIY Will may not adequately address these complexities.
   5. Increased Likelihood of Contestation: A DIY Will is more vulnerable to being contested, especially if it appears incomplete, inconsistent, or improperly executed. Legal challenges can result in costly litigation, delays, and even the invalidation of the Will.
   6. Tax Implications: Poorly drafted DIY Wills may fail to consider tax planning, potentially increasing the estate’s tax liability and reducing the inheritance for your beneficiaries.
   7. No Professional Advice: Without a solicitor’s guidance, you may miss opportunities to optimise your estate plan or avoid potential pitfalls, such as inadvertently disinheriting loved ones or creating undue hardship for executors.

   With a non-regulated Will-writing service, the risks can include:

   1. Lack of Accountability: Non-regulated will-writing services are not subject to oversight by professional regulatory bodies, such as the Solicitors Regulation Authority (SRA) in the UK. This means there’s limited recourse if they make errors, provide poor service, or fail to deliver on promises.
   2. Inadequate Legal Expertise: Staff at non-regulated services may lack the qualifications or legal expertise necessary to draft a legally sound Will. This increases the likelihood of errors, omissions, or non-compliance with legal requirements, which could render the Will invalid.
   3. Generic or Incomplete Wills: Non-regulated services often rely on templated documents that may not be tailored to your specific circumstances. Complex family arrangements, trusts, tax planning, or international assets may not be adequately addressed, leading to unintended outcomes.
   4. Risk of Invalid Execution: Non-regulated services may fail to guide you through the proper execution of your Will, such as ensuring it is correctly signed and witnessed. Errors in this process can invalidate the document entirely.
   5. Potential for Hidden Costs: While these services may advertise low initial fees, additional charges can arise for amendments, storage, or additional advice. These hidden costs can make non-regulated services less cost-effective than initially perceived.
   6. Limited Support for Disputes or Challenges: If your Will is contested, a non-regulated service may not provide support or expert testimony to defend its validity. This can leave your estate vulnerable to legal disputes and increased costs for your beneficiaries.
   7. Privacy Concerns: Non-regulated services may not adhere to the same data protection and confidentiality standards as regulated professionals, potentially putting sensitive information at risk.

   Whilst therefore, it can be tempting to prepare your own Will or approach an unregulated Will writer, this can often lead to more issues after you pass away. By appointing a firm of Solicitors, such as Scott Richards to draft your Will, you are safe in the knowledge that we are regulated by the Solicitors Regulation Authority (SRA) to ensure not only the correct drafting of your Will to a high standard, but that the surrounding advice in relation to the same is legally sound.

   Scott Richards are dedicated to providing a professional service and giving expert advice, so that you can be confident that your Will meets your requirements and that your loved ones will be provided for as intended when you pass away.  The message here is that, quite simply, ‘you get what you pay for’.

   If you would like to speak to me or colleagues in the Private Client department about your Will, please call me on 01626 772441, or email law@scottrichards.co.uk.