Of course, you might think it was inevitable that lawyers might pour cold water over the very idea of people fixing up their wills all by themselves with a little help from Google. However, the rise in disputes from 227 in 2018 to 368 is undeniable and there seems to be little else to blame other than the increasing popularity of DIY Wills.The main reason people give for deciding to make a Will themselves is that they think it is a lot cheaper than seeing a solicitor. It can?t be argued that a DIY Will is cheaper than one that has been prepared by a solicitor. In fact, considering the alarming number of people who are reaching a ripe old age without having made a Will at all, any Will is better than none considering the complications and often downright heartache of dying intestate.Those people who leave making a Will until the last minute, or not at all, are not just thinking about the cost. There is a lot of genuine procrastination out there. Younger people tend to think that dying is something that won?t happen any time soon while older people fail to realise how intestacy can affect their loved ones. Often, it is a sudden illness in later life that prompts people to consider making a Will for the first time.
The disadvantages of a DIY Will
There are now so many ways you can make an online Will that it should be an easy process, but some online Will procedures are not to be trusted. Would you know whether a Will you prepared yourself was actually legal? If it ends up not being legal, it won’t be your headache. It will be your beneficiaries’!
Some online Will template providers make their online Wills available on condition that they are used as an executor. This can prove in the end more expensive and less trustworthy than using a solicitor from the outset.
One reason why there has been an increase in probate disputes is thought to be because the templates provided on DIY Will sites are not sophisticated enough to take into consideration changes in circumstances, such as a premature death of a beneficiary. A solicitor who specialises in Wills and estate planning will prepare a Will so that it takes into account as many possible future eventualities as possible. A hierarchy of beneficiaries is one way to pre-empt the possibility that a beneficiary dies before the testator. This would leave part of the Will declared intestate unless another Will is made, or there is a named replacement.
When you should think twice before making a DIY Will
If any of the following applies to your situation, then it may be better for your peace of mind and those who stand to be beneficiaries of your Will if you use a solicitor to help you.
You want to keep inheritance tax as low as legally possible;You have considerable assets overseas, such as property or investments;You want to include provisions or instructions in your Will that might be misunderstood unless explained clearly;You own a business that you intend leaving to someone in your Will;When a DIY Will might be suitable
DIY Wills can be cheap and quick. If your financial situation is straightforward and your wishes are simple, then by all means consider making your own Will. But don’t rush into it! If you want peace of mind, use a solicitor. Ambiguous Wills or changes in circumstances of assets to be distributed or the circumstances of the beneficiaries are a major cause of later disputes between family members.
The case for using a solicitor
In the U.K. all solicitors who provide the services of making Wills and testaments are under the authority of the Solicitors Regulation Authority (1). You can be sure that your Will will be designed better with fewer or no complications or ambiguities and will be a legal document. It might cost more than a DIY Will, but may save your beneficiaries much more than if they had to challenge a Will in the courts.
DIY Wills in the U.S. and other countries
Wills are standard throughout the world, and the English speaking countries such as the U.S., Canada, Australia, etc. In particular tend to have very similar ways of will creation. All these countries allow ‘DIY Wills’ but as in the U.K. solicitors (attorneys or lawyers in the U.S. and Canada) advise the use of a legal professional when making a Will rather than going alone or using a Will template for the same reasons as have been explained in this article.
References to regulations concerning solicitors and attorneys
1. https://www.sra.org.uk/solicitors/
Quote from S.R.A. regulations for U.K. solicitors
This note reminds regulated persons of their professional duties when drafting and preparing wills for clients and the potential issues which managers and the COLP (Compliance Officer for Legal Practice) may wish to address in considering whether the firm has appropriate systems in place to achieve compliance.