Why should I instruct a Solicitor to prepare my Will?
“In our experience, it can be very expensive not to use a Solicitor.”
Once a person has decided that he needs the services of a solicitor, he will need to instruct the solicitor to act on his behalf. A professional Solicitor will do a comprehensive analysis of your finances and property to advise you on the most tax-efficient method to deal with your estate. The solicitor will act in the best interests of the estate and its beneficiaries.
You may have seen will writers and DIY will kits advertised online or in local supermarkets. It is important to be aware that, generally speaking, will writers do not have a legal background and do not have the same appreciation of the law surrounding wills that a lawyer will have.
So, whilst opting for these ‘cheaper alternatives’ may sound attractive at first, it can be all too easy to get will drafting wrong. Even a simple mistake can have disastrous consequences that can leave your executors with the task of putting things right after your death.
Common errors that usually occur from DIY wills
Wording
The legal jargon in wills can often be confusing and, for those drafting wills on their own, it can be very easy to get the wording wrong. For example, the wording of the will may leave part of the estate undisposed of resulting in a partial intestacy. That could mean part of your estate ends up in the hands of people to whom you had not wished your estate to go.
Your will could also be considered ambiguous and open to interpretation which could cause conflicts between your beneficiaries as to your intentions at the time of making your will. If no interpretation can be agreed upon, it is not unusual to instruct counsel to make a determination on how the will should be construed which is, of course, an added expense to your estate that could have been avoided.
Execution
Whilst the execution of a will is not difficult, there are strict requirements on how wills need to be signed and witnessed. If done incorrectly, your will could be deemed invalid. If this is the case, your estate will pass via the intestacy rules. Whilst there is an option to remedy such a situation if the beneficiaries of the intestacy agree, a document would need to be drafted reflecting the amended distributions which would add further costs to your estate.
Other examples are where the will appears to have been dated incorrectly or not dated at all. The result being that affidavit evidence will usually need to be presented to the court before your will can be submitted to probate. Again, this may not only add further costs, but can cause delays whilst your witnesses are traced.
Witnesses
It is very important that your witnesses are completely independent. If your witnesses are also beneficiaries under your will, the gift to that beneficiary will fail and they will not receive their share in your estate.