Why DIY Will Services May Not Be the Safest Option
A Will is one of the most important documents a person can have, as it determines how their estate is passed on after death. However, there are still many misconceptions about who should have a Will, as well as a general lack of understanding regarding inheritance laws. This is a contributing factor to the reason why approximately 40% of adults in the UK still do not have a Will. Many younger adults cite being too young or being unsure about how their estate should be handled as reasons for not having one. For those who appreciate the importance of having a Will, concerns about the cost, or thinking they lack the time, are typically what put people off.
This may be why there is a growing number of people seeking DIY Will or Online Will solutions that promise cheap and quick Will writing services. But is this really a good idea?
Writing Your Own Will
The UK Gov website provides information on writing your own Will, advising that it is possible to do so, but with some warnings. For those who do not have straightforward estates, professional advice is advised. There are several reasons why this might be the case. For example, the guidance highlights that you should consider professional advice if you:
- Share a property with someone who is not your husband, wife, or civil partner.
- If you want to leave money or property to a dependant who cannot care for themselves.
- You have several family members who may make a claim on your will, such as a second spouse or children from another marriage.
You can find further information here: Gov.UK advice on Making a Will
Risks of Using DIY Will Services
Unlike other legal services, Will writing is not a regulated activity, meaning that anyone, or any online business, can provide the service of writing your Will. That means they do not have to be regulated by a professional legal body, such as the Solicitors Regulation Authority (SRA), or an independent regulatory organisation, such as The Institute of Professional Will Writers (IPW) or The Society of Will Writers. There are no legal requirements to use a regulated Will writing professional, and as mentioned above, you can write one yourself. However, there are several risks involved in DIY Wills or not using a regulated and/or professional Will writer, including:
- Errors, Omissions, or Invalid Wills: Professional Will writers or specialist legal professionals have a deep understanding of inheritance laws and the complexity of these documents, which is necessary to structure them in the most efficient way. Attempting to draft a Will via a DIY service or without experienced professional help could result in errors, omissions or invalid Wills. Unfortunately, these mistakes often go unnoticed until it is too late.
- Inheritance Disputes: Disputes over Wills and Inheritance (Contentious Probate Claims) are on the rise, and an increasing number of these disputes involve DIY or poorly drafted online Wills. A Will that has been drafted without the involvement of a regulated solicitor or professional Will writer could include vague wording, missing clauses, or a lack of proof that the person creating the document fully understood why the Will was drafted in that way. Furthermore, if it is suspected that someone aside from an independent Will writer assisted in creating the Will, such as one of the beneficiaries, there is the potential for conflict, and other beneficiaries may raise concerns regarding the Will’s validity. A poorly drafted DIY Will could be open to challenges, lead to disputes, and cause delays or lengthy and costly court battles.
- Protection if Something Goes Wrong: If you choose to use an unregulated Will writing service or DIY solution, it is vital to understand the terms and conditions that come along with that service, especially regarding compensation (or damages) they would be liable for if something goes wrong with your Will.
- Guidance and Advice: Many people may feel daunted by the prospect of writing a Will and be unsure of what should be included and how to set it out correctly. Online or DIY services often come with little to no professional support or guidance on what to include, leaving you to handle more complex questions on your own. For example, the implications of leaving someone out of your Will that is expecting to inherit, including stepchildren in your Will, providing for dependants from previous relationships, or what should happen if you die when your children are still young.
- Accurate Understanding of Inheritance Tax Laws: It is vital that you understand whether your estate is or may become liable for Inheritance Tax (IHT), particularly as there are an increasing number of changes to IHT laws. DIY and online Will services may not be able to provide you with the level of advice needed to ensure that your Will is structured in the most tax-efficient way, and the steps you can take to limit that liability.
Therefore, while DIY Will kits and cheap online services seem like a cost-effective way to write your Will, this could be a risky approach, even in seemingly straightforward situations. For some of the reasons we have shared, it could result in having an invalid Will, your estate not being distributed as you would have wished, or costly and lengthy probate disputes, negatively impacting your family and loved ones.
Support from Regulated Will Writers and Legal Professionals
At MJV Solicitors, we want to help you take the stress out of writing your Will, and our experienced and regulated Will Writing Solicitors are on hand to guide you through the process. We understand the importance of ensuring your loved ones benefit from your estate when you pass and having a Will that is relevant to your individual circumstances. By using us to help write your Will, you can feel confident that:
- MJV Solicitors is regulated by The Solicitors Regulation Authority (SRA), meaning our law firm and solicitors are bound by strict regulatory obligations and standards.
- We have years of professional experience in private client law, including Will Writing and Estate Planning, with a deep understanding of inheritance tax laws.
- As a regulated law firm, we are required to carry specialist professional indemnity insurance, which provides an additional level of protection in the event of any errors or negligence.
Accessible Fixed Fee Will Writing Services
We understand that our clients often worry about the expense of legal services, and we can offer fixed fees for our Will Writing services. Our solicitors will always ensure that you are fully aware of any costs involved, so there are no surprises when our bill arrives. You can find out more about our fees for writing a Will here: Wills Price Guide.
We also appreciate that our clients may not always be available to meet with us at our offices or during traditional office hours. That is why we can arrange to meet you at a time and place that suits you, wherever possible.
Will Writing Solicitors in Cleveleys, Blackpool and across the Fylde Coast
MJV Solicitors is a law firm providing Will writing services across the Fylde Coast. With offices in Thornton-Cleveleys and Blackpool, we regularly assist clients based in Fleetwood, Thornton-Cleveleys, Bispham, Blackpool, Poulton-le-Fylde, Lytham St Annes and more.
To speak to a member of our team for a free, no obligation chat about our services, complete our enquiry form or contact us by calling 01253 858231 or emailing us at info@mjvlaw.co.uk
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
