Can I Write My Own Will?

You can write your own Will. However, if you don’t get your Will right, the problems are not discovered until after the Will maker’s death, leaving their loved ones to cope with their bereavement and the complexities of trying to sort out the estate. That’s why Will Solicitors recommend getting specialist advice on your Will and estate planning.

In this blog, Estate Planning Lawyer Chris Strogen examines some of the common problems encountered with do-it-yourself Wills.

Contact Evolve Family Law for help with writing your Will.

Do I need a Will?

All adults need a Will, whatever their personal or financial circumstances. Here are some common reasons why people realise they need a first Will or to change an existing Will:

1. Getting engaged or married.
2. Living with a partner in a cohabiting or non-married relationship.
3. Buying a house.
4. The birth or adoption of children.
5. A period of ill health.
6. Separating or divorcing.
7. Complicated blended family circumstances with children from different relationships or step-children.
8. A recognition that if you pass away, your financial dependants, such as your young children or partner, need financial protection.
9. A desire to make specific bequests of items of sentimental value to family members or to leave a share of your estate to a favourite charity.
10. Setting up a business or going into a partnership.
11. Deciding to estate plan and providing family members with lifetime gifts, such as a house deposit.
12. Recognition that your estate has grown and inheritance tax will be payable.
13. The death of a loved one and receipt of an inheritance.
14. The sale of a family home or business.
15. Acting as executor of a loved one’s Will or as the administrator of an intestate estate and realising why a well-written, up-to-date Will is required.

Even if none of these trigger events is relevant to your circumstances, you still need a Will. It is best to get one ready when it is not an emergency, so you have plenty of time to organise it.

 DIY Will or a professional Will by a Will Solicitor

Having acknowledged that they need a Will, some people are tempted to write their own Will because they think ‘’how hard can it be to put down on paper what will happen to my money?’’ The answer is that it can be surprisingly easy for someone to prepare a Will that is either not legally valid or doesn’t say what they meant it to say.

That’s why a professionally drawn up Will is an investment and should give you and your family peace of mind compared to reliance on a DIY Will or free Will where the Will writer has not spent the time getting to understand you, your wishes and your family and financial circumstances.

Common problems with Do-it-Yourself Wills

Here are a few of the common problems with DIY Wills:

1. The Will is not valid.
2. Not all the assets are included in the Will.
3. The wording in the Will has unintended consequences.
4. Family members think the DIY Will can be challenged and contested.

Examples of problems with DIY Wills

Here are some examples of how common Will problems can have massive consequences for loved ones:

Will validity issues

1. One person witnesses the Will. Two people need to witness the signing of the Will. If they don’t do so, then the Will isn’t valid.
2. One or both witnesses to the signing of the Will did not see the Will maker sign his or her Will. If the Will is challenged, its failure to be properly executed could render it invalid.
3. Two people witness the Will, but one of the witnesses (or their husband, wife or civil partner) is left a share of the estate or a legacy in the Will. Although the Will is legally valid, the gift to the beneficiary (or their spouse or civil partner) is void.

Not all the assets are included in the Will

1. The Will writer assumed that their jointly owned family home would pass by their Will. That will not occur if the family home is owned as joint tenants and the joint tenancy was not severed. The deceased’s share in the family home will pass to the surviving co-owner, whatever the terms of the Will.
2. The Will writer thought their pension fund monies would go to a loved one under the provisions in the Will, but the scheme rules say that the pension fund passes by nomination rather than through the provisions in a Will.

The wording in the Will has unintended consequences

1. The Will leaves the family home or business to a beneficiary, but at the date of death, the family home or business has already been sold. The beneficiary isn’t entitled under the terms of the Will to the sale proceeds of the family home or business. The beneficiary may therefore end up with nothing whilst the person writing the Will thought they were leaving their most valuable assets to a named beneficiary.
2. After making various specific gifts to beneficiaries, the Will doesn’t say what will happen to the balance of the estate, referred to as the residue. That could result in a partial intestacy, with some of the estate passing to unintended beneficiaries under intestacy rules.
3. The Will does not say who will receive a gift or the residue estate if the named beneficiary dies before the person writing the Will. The gift will not go to the intended beneficiary’s nearest relative and instead will fail. This will increase the size of the residuary estate. If the person who is gifted the residue of the estate passes away before the Will maker and there is no substitute beneficiary named in the Will, then the residue of the estate will pass in accordance with the intestacy rules

In addition, with a DIY Will, a Will maker might not carry out any inheritance tax planning as part of their Will preparation. Not taking this step could mean the difference between the estate paying no inheritance tax or thousands in inheritance tax.

These are just a few of the things that can go wrong when you choose to write your own Will. Sadly, it is often not until it is too late, and someone has passed away, that friends and family learn of the unintended consequences of a poorly prepared do-it-yourself Will, and the emotional and financial costs of trying to rectify problems or deal with inheritance disputes and challenges to the Will.

Using a Will Solicitor to write your Will

Sometimes people put off seeking advice on writing a Will because they think their financial or personal circumstances may change, and they do not want to keep changing their Will. That is normally not necessary, as a Will can provide for the birth of future children or grandchildren (they do not need to be specifically named) and can be made in contemplation of a forthcoming marriage.   

If you are concerned about the cost of getting a professionally drawn up Will, then a solicitor can talk you through the cost. Evolve Family Law publishes a price guide for the services we provide, including the cost involved in preparing a Will or Lasting Power of Attorney for you. Many realise that getting an expert to write a Will is not only not expensive but also provides the security of knowing that your loved ones are properly protected.

Contact Evolve Family Law for help writing your Will.