Why a "DIY Will" Might Be Your Family’s Biggest Risk
In an era of downloadable templates and "do-it-yourself" kits, it’s tempting to think that writing a Will is as simple as filling in the blanks. However, a Will is potentially one of the most important legal documents you will ever sign. While a DIY approach might save a few pounds today, a single technical error could cost your family thousands of pounds in legal fees and months of stress following your death.
In addition, DIY wills and fill-in-the-blank forms are generally challenged and litigated more frequently than those drafted by professionals, leaving your estate vulnerable to lengthy and costly legal disputes.
At Emsleys Solicitors, our Wills & Probate Team often sees the fallout of well-intentioned DIY Wills. Here is why professional legal guidance is essential to ensure your final wishes are actually enforceable.
1. The Strict Legalities of Signing and Witnessing
The law regarding how a Will is signed is incredibly rigid and whilst the law dates back to the 1890’s there are as yet no defined plans from the government to bring about changes.
The Professional Advantage: When you work with a Legal Professional at Emsleys, the signing is usually carried out at the office, and we ensure that witnesses are truly independent and that all of the signing formalities are adhered to. This prevents any disasters that have the potential to make the Will either partially or totally void. We provide the "bulletproof" environment a DIY kit simply cannot.
2. Eliminating Ambiguity and "Legal Limbo"
DIY Wills often use "plain English" that doesn’t hold up in a courtroom. Phrases like "I leave my belongings to my family" are invitations for a legal challenge. Who qualifies as "family"? Do "belongings" include your house or just your furniture?
The Professional Advantage: Legal Professionals use precise legal terminology to eliminate "grey areas." We help you account for changing circumstances, such as what happens if you sell a specific asset mentioned in the Will or how to ensure stepchildren and foster children (who have no automatic legal right to inherit) are properly protected. We turn your intentions into a legally binding reality.
3. Navigating Life’s Constant Changes
Life is a constantly changing thing. Wills, whether DIY or professionally drafted, can become outdated if your circumstances change and you do not update your Will to match the changes. If you marry or divorce, for example, these have consequences to any Will you have in place. Not updating your Will or making a DIY Will could lead to some of all of your estate not getting to the correct people or even creating a situation where the law, not you, decides who gets what.
The Professional Advantage: Our Wills & Probate Team doesn't just write a document; we provide a comprehensive review of your life's landscape. We make you aware of potential Inheritance Tax implications, discuss the potential of claims from family and dependants, and ensure your Will is as future proof as it can be.
Don’t Leave It to Chance, Leave It to Emsleys
A DIY Will is only "cheap" if it works. A faulty DIY Will can lead to often unnecessary family fall outs, the potential for large legal bills in sorting things, lengthy delays with the distribution of your assets and the potential for your assets to go to people who you did not want to inherit or not in the proportions you wanted.
The Emsleys Solicitors Wills & Probate Team specialises in ensuring the process is handled correctly the first time. We provide the knowledge, expertise, and the peace of mind that a template simply can't offer.
Ensure your legacy is secure. Contact the Emsleys team today for an initial free chat to identify your needs before arranging an appointment on 0113 201 4900 or via email: wills.probate@emsleys.co.uk.
