10 Reasons Why A DIY Will Is Not Recommended

Wills must be precisely drafted. Even a simple phrase can have unintended consequences. For example, stating “I leave my estate to my children equally” may unintentionally exclude stepchildren, as the term ‘children’ only refers to biological or legally adopted children unless specified otherwise.

If your Will does not account for all your assets, any assets not accounted for will be distributed under the intestacy rules. For instance, if your Will says ‘I leave all my cash, cars, and jewellery to my daughter Anna’ but omits your house or investments, those assets could end up going to family members you may not have intended to benefit

For a Will to be valid, it must be in writing, signed by you in the presence of two independent witnesses (over the age of 18), signed by your witnesses in your presence and be made voluntarily and whilst you are of sound mind. If these requirements are not met, your Will may be invalid, and your estate would be distributed in accordance with the intestacy rules.

Another common mistake with a DIY Will is having a beneficiary act as a witness. If someone who is named as a beneficiary in your Will also signs as a witness, the gift left to them becomes void. Although the Will itself remains valid, that person would lose their entitlement, which could potentially lead to disputes among your family.

When drafting your own Will, you may overlook the consequences of excluding certain people. Especially those who may have a legal right to make a claim against your estate, such as a spouse, former partner or financially dependent child.

We would always consider who might have a potential claim and can help you make provision for it or include appropriate wording to reduce the risk of disputes whilst ensuring your intentions are protected as far as possible.

DIY Wills often fail to consider the inheritance tax (IHT) implications. This oversight can lead to a larger tax burden on your estate. When you instruct us, we will help you understand the potential IHT liability of your estate and ensure your Will is drafted to maximise your available tax-free allowances, should this be a priority to you.

DIY Wills are often stored in locations unknown to executors, solicitors or family members. We have seen Wills stored in the most unexpected places, like in the deceased’s bathroom! It is important that your Will can be located easily and quickly following your death so that your estate is administered correctly.

When you make your Will with us, we can store it securely and register it with the National Will Register to ensure that it can be located easily when needed.

Using different coloured pens, handwritten amendments, or unclear amendments can raise concerns during the administration process. The Probate Registry may require additional evidence from your witnesses’ causing delays, unnecessary complications and incurring additional costs.

Amending a Will after it has been dated and executed is not valid. To make changes to your Will, you must either address the changes by way of a Codicil or draft a new Will, ensuring it revokes the previous one.

If you create a Will and do not address that you are due to get married after execution of that Will, your Will will be revoked. This means your estate would then pass under intestacy rules, which could have a significant impact on your spouse.