DIY WILL WRITING - RISKS & PITFALLS

The Risks of Home DIY Will Writing ~ The ideal will is one that represents the wishes of the testator in unambiguous terms. It is a document that dictates the distribution of the deceased’s assets in a clear, irrefutable manner. In theory, this sounds like a simple proposition. In practice, however, individuals often unwittingly create documents that don’t comply with the legal requirements for a valid will by the use of either an unqualified firm or by the use of a cheap home DIY will writing kit. After the testator’s death, the executor of the will is left to contend with legal actions brought by potential beneficiaries or dependents not provided for in the will. Substantial legal fees are incurred, fees which could have been avoided by hiring a qualified solicitor to draft the will.

Everywhere you look, will writing companies often selling DIY will writing kits are popping up. They advertise all over the Internet, on television and in newspapers and magazines. What they don’t tell you is that most of their employees have absolutely no qualifications to be writing wills. You assume you will be saving money, but their fees are often higher than those of an experienced solicitor.

The Legal Accountability of Solicitors ~ Remember, solicitors are held accountable for their actions on many levels. Their profession is governed by statutes, and their practices are overseen by the Law Society. Solicitors also have to answer to client complaints through the Legal Complaints Service. If a mistake is made using a DIY will writing kit you have no recourse. Solicitors, on the other hand, are legally required to carry negligence insurance. Other requirements are that solicitors contribute to a compensation fund and that they must continue their professional education in order to renew their practicing certificate each year. Consider it, you have the choice between a highly skilled professional, overseen on many legal and governmental levels or an unregulated stranger who was trained in a one-week course.

Common Errors of DIY Will Writing ~ There is no legal requirement that you have assistance from a solicitor in making your will. However, the “do it yourself” approach is rife with pitfalls. So many pitfalls, in fact, that there is an entire cottage industry of attorneys whose business centers on sorting out the validity of wills written by non-experts. All too often, mistakes have been made which prevent assets from being distributed according to the testator’s true wishes. Here are some of the most common mistakes made by those who create their own wills or hire an amateur service:
~ failure to properly execute the will by signing the document in front of two non-beneficiary witnesses, creating the potential for the government to claim the deceased’s assets
~ failing to bequeath all assets in the estate, opening up the opportunity for the government to claim the remaining assets
~ failure to take account of all contingencies, such as births, marriages, divorces and deaths
~ failure to act promptly after a divorce, the legal effective of which is to void previous executorships and dispositions to the former spouse
~ improper alterations made to the document resulting in an invalid codicil
~ failure to account for dependents entitled to support under applicable statutes

For most people, your home is the most valuable asset you own. When you consider the value of your real property, you understand how important will writing is. The average person owns real property worth several hundred thousand pounds. Far too much is at stake to leave the distribution of your assets in the hands of an amateur. Families have enough to deal with when coping with the loss of a loved one. Handling a legal dispute over a contested will is an avoidable burden.

A Nationwide Network of Probate Solicitors ~ For a valid will that reflects your true testamentary intentions, you need to work with a solicitor who knows and understands modern precedents. Our solicitors write wills in plain English so that you are not confused or frustrated by legal jargon. Our charges are reasonable and are based on the amount of work performed in order to draft the will according to your directives. We provide free quotes, and you may be eligible for one of our family or spousal discounts.