There is no legal requirement for a Will to be drawn up or witnessed by a solicitor. Other options include writing your own Will with the aid of a Will writing kit, or using a Will Writer.
Writing your own Will is certainly a cheaper option, but it is easy to make mistakes. This could lead to potential problems after your death, which could result in very expensive legal costs, reducing the value of your estate.
A Will Writer, who is not a qualified solicitor, will still charge you for drawing up a Will, but may not have the same experience or insurance cover should they get it wrong. Always keep in mind that if something seems too good to be true then it usually is.
The following are examples of common mistakes in making a Will:
- The formal requirements not met, making the Will invalid.
- Failure to include all of the money, property and possessions.
- Failure to plan for the possibility of the death of a beneficiary before the death of the person making the Will.
- Failure to sign and witness changes to the Will, making it invalid.
- Unawareness of the effect on a will of the following: marriage; registered civil partnership; divorce or dissolution of a civil partnership.
- Unawareness of the rules which enable dependants to claim from the estate if they feel they are not adequately provided for.
You also need to consider where your Will should be kept so that it is secure. Keeping your Will at home may not be the safest option. However, a bank or Probate Office may charge you for safe keeping.
Using a solicitor means that your Will is drawn up by an experienced and qualified professional. Solicitors pay large insurance premiums in order to protect their client should any mistakes be made. They will discuss your wishes and ensure that your Will reflects this. Solicitors will also store your Will for you at no extra cost.
The following are the type of circumstances when it would be advisable to use a solicitor:
- If a property is shared with someone who is not your husband, wife or civil partner.
- If you wish to make provision for a dependant who is unable to care for themselves.
- If there are a number of family members who may make a claim on the Will, e.g. children from a previous marriage, second wife/husband.
- If your permanent residence is not in the UK.
- If you are not a British citizen.
- If you have a property overseas.
- If there is a business involved.
If you need advice about making a will,
contact Legal Advice Helpline on 0845 600 6984 to speak to one of our specialist advisors about who are waiting for your call.