Writing Your Own Will: Why We Don’t Recommend It

A will is a very important legal document that you should have, as it dictates what happens to your estate (aka your money, belongings, property and any other assets) in the event of your death. Having a will in place can make things much smoother and less stressful for your family once you die, as well as help avoid costly legal disputes that could otherwise occur.

Typically, a solicitor will help you draw up a will, but can you write one yourself and would we recommend doing so? Keep reading as we discuss this further.

Can You Write Your Own Will?

Technically, yes, you can draft up your own will - there is no legal requirement for it to be drawn up or witnessed by a solicitor. With that said, it is a good idea to have it checked or drawn up by a solicitor, although we’ll go into that more later on.

If you are adamant about writing your own will, then you should only consider doing so if you plan on making it a straightforward one. There are guides to help you and templates that can be used if you’re unsure about where to start.

There are still a number of mistakes that can be made, however, if you do choose to go down this route.

Common Mistakes when Making a Will

Whilst writing a will may seem simple in theory, there are actually a number of common mistakes that can be made that people don’t realise.

These can include:

●      Being unaware of the formal requirements needed to make a will legally valid

●      Failing to disclose all the money and property available in your estate

●      Failing to take into account the possibility that a beneficiary may die before you

●      Being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will

●      Being unaware of the rules that exist to enable any dependents to claim from your estate if they believe that they are not adequately provided for in the event of your passing - this could mean that the provisions in your will could be overturned

Ultimately, mistakes such as these can actually lead to significant legal costs that must be covered after your death to sort out any disputes and misunderstandings that may arise as a result, which will reduce the amount of money originally left in your estate.

Benefits of Using a Solicitor

By having a solicitor either check or draft up your will for you, then they will be able to advise you on what needs to be done in order to make your will legally standing.

Furthermore, will solicitors have the expert knowledge required to ensure that your will has the effect you wish it to have. By using their services, you can rest assured that the wishes you make in your will will be met and that the full amount of your estate will be distributed accordingly after your death.

If you’d like assistance with writing your will, then our will and probate experts can help here at Mark Redler Solicitors. Get in touch with us today to arrange a consultation.