The dangers of homemade Wills

If your Will is challenged after you die the cost of this can run to thousands,  sometimes hundreds of thousands of pounds, due to the cost of Court proceedings and legal fees, apart from the untold stress caused to your loved ones and those who you intended to benefit from your estate.

It is no secret that many people are deterred from instructing a lawyer to draft a Will because of the potential cost involved.  It should be noted, however, that the costs of rectifying the issues caused by a DIY or homemade Will can be significantly higher than instructing your solicitor to create your Will. By instructing your own solicitor you can ensure your wishes for your estate are carried out.

If you are unmarried and cohabiting, or have children from a previous relationship, it is particularly important that you consider obtaining legal advice to ensure that your wishes are met, and your loved ones are protected.

Homemade Wills or DIY Wills can create unforeseen errors which have devastating consequences that no-one is aware of until you pass,  and  the problems for your loved ones start. Such errors can result in part or (more worryingly) the entire Will become invalid. If you die without a valid Will, you are then deemed to have died ‘intestate’. This outcome is often very distressing for family members who may know what your intentions were,  but at that point can do nothing to bring this distribution about.

Common mistakes we have encountered when advising clients about DIY and homemade Wills include when the Testator has not signed correctly or had the Will witnessed in compliance with the legal formalities of a Will. There may be unattested alterations made to the Will,  such as writing in different coloured ink or writing implements and attempts at destruction. Such errors as these have proven very difficult, costly and sometimes impossible for the Executors to rectify when trying to obtain a Confirmation in order to administer the estate.

In addition to this, a lack of legal advice can also leave   a Will vulnerable to being contested by disgruntled family members.  Relatives, who have been excluded, may bring a claim to the Courts on the grounds of a lack of capacity of the Testator or undue influence. Had proper legal advice been sought at the time of taking instructions and preparing the Will,   this would greatly limit the scope for such a claim to succeed. 

If you have a DIY or homemade Will or are considering drafting one, please reconsider and instead book an appointment with one of our experts in the Private Client Team today.