The Pitfalls of Home-Made Wills

It has been widely discussed that a Will can be written on the back of a cigarette packet and still be valid; Joanne, our Head of Private Client, explores the issues with the use of home-made Wills and the importance of having a Will professionally drawn.

There is a risk of a home-made Will being declared invalid because the terms of the Will could be ambiguous or might result in a partial intestacy simply because the Will doesn’t dispose of your assets in the correct manner.

What can go wrong if I make a DIY Will?

Other than simply that your Will may not be valid at all – (it doesn’t comply with the Wills Act 1837) – there are other potential pitfalls that you may not know:

• The importance of why you need an executor and what happens if you do not appoint an executor
• Does your estate need a trustee – what happens if you do?
• Do you know who will raise your children if you suddenly pass away before they become an adult?
• Using the correct language to ensure a gift in your Will is vital to ensure that your wishes are carried out
• How would you feel about your estate passing to people that you have not chosen?
• How would you even know if your Will complies with the Wills Act – what are the legal formalities for a Will to be valid?

A poorly drafted Will can have expensive tax implications or can lead to costly court litigation - and it is easily avoidable. Recent case law highlights this, where a home-made Will was rejected due to it not being signed properly. The result was that the deceased’s estate had to be dealt with under the intestacy rules, meaning that the wishes of the testator were not carried out and, instead, the law decided who ultimately inherited the assets.

These might seem trivial, but our specialist Will lawyers prepare Wills every day - from simple to more complex Wills. A Will is one of the most important documents that a person can make during their lifetime. Instructing a specialist lawyer to prepare one for you can ensure that you receive full advice and can rest assured that your assets will be distributed to those people you wish.

Our specialist Private Client solicitors at Endeavour Law are here to help. If you wish to know more about the service we can offer you, then please call us on 0800 098 4470 or alternatively email info@endeavour-law.co.uk for a free, no-obligation quote.