The trend of people drafting their own wills, or using DIY will kits and online services, is on the rise.

While DIY wills may seem like a cheaper and more convenient option, the expertise and protections offered by a solicitor can prevent costly and emotionally draining problems for your loved ones in the future.

When you use a qualified solicitor such as we have here at KWW, you have significant peace of mind. Solicitors are regulated by the Solicitors Regulation Authority (SRA), which ensures they adhere to high professional standards and a strict code of conduct.

If a solicitor makes a mistake in drafting your will that leads to a financial loss for your beneficiaries, they are covered by professional indemnity insurance. This provides a crucial safety net that is not available with unregulated will writing services or DIY kits.

A solicitor is particularly vital if you have a complex family structure, such as a blended family with stepchildren, a second marriage, or if you need to provide for a dependent with special needs. They can draft clauses to protect the interests of all your loved ones and prevent your will from having unintended consequences.

Common errors in DIY wills

The most common errors that can invalidate a will are more likely to occur without professional guidance. This can lead to the will being challenged, causing emotional and financial distress for the deceased’s family.

A will must follow strict legal formalities to be valid. Mistakes can render the will completely invalid, leading to the estate being distributed according to the rules of intestacy rather than the deceased’s wishes.

One of the most frequent errors is not having the will correctly signed and witnessed. For a will to be legally valid in England and Wales, it must be:

• In writing
• Signed by the person making the will (the “testator”) or by someone else in their presence and at their direction
• Signed in the presence of two witnesses. Both witnesses must be physically present when the testator signs
• Signed by both witnesses in the presence of the testator.

A critical mistake is having a beneficiary, or the spouse or civil partner of a beneficiary, act as a witness. While this doesn’t invalidate the entire will, it does invalidate any gift left to that specific beneficiary.

An outdated will can cause significant problems. Major life events, such as marriage or divorce, can have unintended consequences on a will.

Marriage and civil partnerships automatically revoke any existing will, unless the will was specifically made in contemplation of that marriage.

Divorce doesn’t automatically revoke a will but does cancel any provisions in favour of the ex-spouse.

Failing to update a will after the birth of a child, a new home purchase, or the death of a beneficiary can lead to unintended outcomes.

Vague language is another common pitfall. A DIY will might be too specific or not specific enough. For example, leaving “my car” to a person might be problematic if the car is sold and replaced before death, and the will doesn’t specify what should happen. Conversely, a vague statement like “I leave my assets to my family” can create confusion and disputes, as it doesn’t clarify who receives what.

Many DIY wills fail to account for all assets or key responsibilities. People often forget to include less obvious assets like digital accounts, premium bonds, or assets held abroad. Jointly held assets often pass outside of the will, and this isn’t always accounted for.

A will should contain a “residue clause” that specifies who receives any remaining assets not mentioned elsewhere. Without this, these assets would be distributed according to intestacy rules.

If you have children under 18, failing to appoint a legal guardian in your will can result in the courts making that decision for you.

A solicitor’s role goes beyond just drafting the document. They provide comprehensive advice to ensure your will truly reflects your intentions and accounts for your specific circumstances.

They can help you identify and account for all your assets, including complex ones like business interests, foreign property, or digital assets. They will also advise you on how jointly owned property may pass outside of your will.

They can advise on the impact of major life events, such as marriage, divorce, or the birth of a child, and ensure your will is robust enough to handle these changes.

They can help you structure your will to reduce the risk of a claim being made against your estate, for example, by a family member who feels they have not been adequately provided for under the Inheritance (Provision for Family and Dependants) Act 1975.

Most solicitors offer a secure, fireproof storage service for your original will, ensuring the document is not lost, damaged, or tampered with. They also provide you with a copy and let you know where it is kept.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.