Why you should consider a solicitor to draft your will

Kate Collins takes a look at the potential dangers of DIY Wills and Online Will Services.  If you would like any further advice on wills or powers of attorney please contact Kate at Katec@bradleyhayneslaw.co.uk or call 01905 900919.

Are your beneficiaries or your Estate at risk because of a Do-It-Yourself Will? There are many unregulated companies currently promoting a service to draft simple Wills, bypassing Solicitors completely.

Whilst this option may be cheaper in the immediate instance, it does raise the risk that your Estate will not be administered as you wish or cause greater problems for your beneficiaries during the probate administration. This risk and expense created if a Will created is not fit for purpose greatly outweighs the need for the professional advice required in many cases.

Many online services collate information by way of a simple questionnaire, but this is open to so many errors and does not have the client’s wishes or requirements in mind. Whilst some clients believe their wishes are simple and straightforward, there are other issues that could cause problems in the long run, which may only be brought to the client’s attention during a meeting with a legal professional.

Jenny Pierce, Director for Solicitors for the Elderly has raised her concerns regarding these online services stating, “Common errors, such as problems with the witnessing of the Will, vague wording or failure to take into account all available assets, can lead to a poorly drafted or ineffective Will”.

There is also the risk that such services could be open to abuse or susceptible to fraud. There is no opportunity to confirm the client’s requirements or wishes and no direct awareness of the client’s capacity to make such decisions. The client is essentially removed from the equation instead of being in the forefront of the matter.

For many years, professionals have called for Will writing to become a regulated profession. This would ensure that all Wills created conform to the same standard and that they are fit for purpose for each specific client.

Many people may not realise the importance of having a Will or reviewing this regularly; it is often something that is put off for another day. Sadly, for many people, this decision is put off entirely causing the person to die intestate, or the need for a Statutory Will arises, where provisions are considered by the Court of Protection. Both eventualities can be costly to the potential beneficiaries of an estate, in most cases, in terms of monetary costs and emotional costs involved.

If you would like to have your Will reviewed, or you would like to discuss what Will options would be available for you and your individual circumstances, please contact Kate Collins on 01905 900919 or katec@bradleyhayneslaw.co.uk for more information.