As people become accustomed to doing a multitude of things for themselves online, the internet is seeing an increase in the number of websites geared towards assisting clients in preparing their own Wills.
If your family circumstances, the way in which your wealth is held and your wishes are straightforward, then making a Will in this way can be effective.
There is always a danger, however, that instructions are not correctly followed. The wording of the Will, or the way in which it is signed and witnessed, may not be as it should be. This can lead to confusion as to what was actually intended, or the Will being declared completely invalid. Both of these scenarios can lead to persons whom the client would not wish to benefit at all inheriting part or all of the estate.
In the drive to save money, clients may, in fact, be storing up large legal bills for their loved ones after their death, when an attempt is made to distribute the estate in accordance with the DIY Will.
One example of this I saw in practice was an elderly client who had made his Will with a solicitor and then decided he would amend that Will by retyping it and adding in his own changes. Sadly, his drafting skills were not as effective as he thought and the resulting mess, following his death, resulted in several thousand pounds worth of legal fees being incurred. Firstly, to correctly interpret what he had drafted and secondly, to distribute the estate in accordance with that wording. Needless to say, his beneficiaries were less than happy with the outcome and the few hundred pounds he had saved in preparing his own Will resulted in lengthy delays in administering his estate, a great deal of anxiety for the family and an estate which was distributed very differently to how he had originally envisaged.
Another common mistake is that, having signed a Will, they can now leave this in place for the rest of their life, without ever having to re-visit it. It is not widely known that marriage automatically revokes Wills signed before the wedding and therefore, anyone who has signed a Will earlier in their life may well, in fact, be intestate,
We would always advise people to have their Wills drafted by a solicitor, to ensure that clients avoid the false economy of preparing the Will themselves.
Here at Winston Solicitors, we are always happy to help clients with their Wills and if you would like to start discussions with us, either in respect of a new Will or if you would like us to review the provision you currently have in place, then we would be happy to do so.