Following on from week 1 of our Problem Probate series, Greg takes a look at the pitfalls surrounding DIY Wills.
Over recent years, especially being in my late 30’s, I have finally had to come to terms with the painful truth – that I am not a handy man. If I try to undertake DIY, it is most likely that I am going to hurt myself, damage something, hurt someone else or all of the above.
I have learnt from experience that it, in the long term, it is cheaper for me to pay someone who knows what they are doing to sort it for me, I am not as skilled as them and in all honesty, have no idea what I’m doing.
As a Private Client solicitor, if you utter the words “DIY Will” to me, these conjure the same shudders down my spine as if you asked me to try and fix something at my house.
Yes, anyone can draft a Will, it is not a regulated, but you could also try and re-wire your house. You may make a pretty good job of it, but without understanding the technicalities that go with it, you could very easily make a small mistake that causes unintended consequences.
Most DIY Wills will come in the form of packs that follow a simple template to seek to produce the simplest of Wills, but in my experience I have often encountered two issues with this process.
The first is that the process has not been correctly followed. This can cause a number of issues, including; the fact the Will itself is incomplete and does not dispose of the whole estate, causing a partial intestacy (with the law then dictating what happens to that part of the estate); that the manner it has written does not take into account tax or expenses, leaving insufficient money to pay these and the gifts left needing to be reduced to cover this; or it doesn’t comply with the law in respect to validity (the Wills Act 1837) and is therefore not even a valid Will.
Secondly, if your circumstances are not simple, such as that you are part of a blended family, have illegitimate children, or a you wish to exclude a family member from your Will, the technicalities of trying to draft your Will to best safeguard this cannot be produced to fit to an ‘off the shelf’ template. Getting advice into how a claim could be made and what steps can be taken at drafting the will to try and safeguard your wishes can go a long way, albeit not completely rule out, the cost, upset and disruption that claims made against an estate can cause.
Just like me doing my own DIY at home, if you do your own DIY Will could inadvertently hurt yourself, damage something, hurt someone else or all of the above.
Our new Problem Probate Drop In Clinic runs from Thursday 19 January 2023. Over the next 8 weeks Aaron Pottle and Gregory John will be offering free no obligation 15 minute consultations in our Braintree office on a Thursday morning between 10am and 1pm whilst also offering online Q&A’s, so keep an eye on our socials as well.