DIY Wills: The Risks of Ghost-Writing your Will

Planning for the future is a responsibility that everyone must face, and one of the most critical aspects of this planning is creating a will. However, for many people, they decide to source a cheaper alternative in the form of a DIY will kit, which may not always address their unique legal needs.

A will is a legal document that outlines your wishes regarding the distribution of your assets, guardianship of your dependents and other important matters after your passing therefore it is important to ensure a will is drafted collected. While many people recognise the importance of having a will, the process of creating one can be daunting, leading some to consider the DIY route.

In this article, we will navigate the complexities with DIY wills and discover why it is crucial to leave this complex task in the hands of legal experts.

What is a DIY will?

A do-it-yourself (DIY) will is a will that is written without professional help and advice.

Many companies, both mainstream and not, offer DIY will templates as well as online resources, which are, suppose to ‘aid’ will writers. However, with DIY wills comes a lot of risks and potential complications as many are unaware of the legal terms, structure and registration of a will.

What are the risks involved with writing a DIY will?

If mistakes are made within a will, which professionals are likely to notice, it can make your will invalid meaning your wishes are not necessarily met. Whilst it can be seen as a way to save money, it can cause your loved ones a nightmare in the future.

Here are common mistakes that we have found in DIY wills:

• Incorrect language – If the incorrect language is used in a will it can make the will invalid, meaning your estate will be dealt with under the intestacy rules and the court will decide how your assets are distributed.
• Will validation – If a will is not witnessed and signed by the correct people it can be contested.
• Unprotected Assets – DIY wills do not cover the needs for people with complicated estates. For example, business owners, blended families and those with significant assets will need a more complex will.

Why should you use a solicitor to write your will?

Solicitors bring a wealth of legal knowledge and experience to the table, ensuring that your will adheres to all relevant laws and regulations. They can provide valuable guidance in structuring your will to avoid common pitfalls and ambiguities that might render it invalid or contested.

Here are just a few reasons why you should have a solicitor draft your will:

• Will Storage – Wills need to be stored in a safe space. Therefore, many solicitors will store your will safely in a fireproof safe.
• Qualifications and experience – Solicitors are familiar with the law and language needed in a will, they have trained and studied the law for many years. Therefore, they are more able to help you make the best choices to protect your assets and help you think of aspects you may not have considered before.
• Preventing your will being contested – Using a solicitors will minimise the risk of your will being invalid, thus your will being contested which can cause stress and family disputes following your death.
• Consumer Protection – All solicitors are regulated by the Solicitors Regulation Authority (SRA), therefore, if something is wrong your loved ones will, it would be protected by their complaints procedure and their insurance.

How can Taylor Bracewell assist you?

Entrusting Taylor Bracewell’s Wills team with the task of drafting your will offers a comprehensive solution to the potential pitfalls of DIY will kits. Our solicitors not only bring extensive legal knowledge and experience to the process but also offer you peace of mind in knowing that your final wishes will be legally sound, clearly structured and meticulously safeguarded.