While it’s possible to write your own will, it isn’t recommended. It may seem cost-effective to create your own will, however, if it’s not created properly it could incur extra costs, cause time-consuming issues for your loved ones after you’ve passed away or even be invalid. By writing a will with the help of a solicitor, you’re guaranteeing that your estate is handled how you want it to be and is distributed to the right people.
What is a will?
A will is a legal document that sets out exactly how you would like your assets to be distributed in the event of your death. It will also include the names of your executors, the people who will handle your estate. You can have a maximum of four executors.
Why we recommend using a solicitor to make a will
Using will writing solicitors ensures that your wishes are carried out after your death in the exact way you would like them to be. Solicitors can also advise you on inheritance tax options so that your beneficiaries can make the most of your estate, as well as ensuring that there are no pitfalls in your will. This prevents any additional distress for your loved ones after your death.
Other benefits of using a solicitor to write your will, include:
- Peace of mind that your will is valid - Certain life events can effect the validity of your Will. For example, once you’re married, your previous will may be invalid, meaning a new will needs to be written. However, when you use a solicitor they can draft a will in contemplation of marriage ensuring that it’s valid and still aligns with your wishes.
- Solicitors can help you state what you would like to happen to your estate, even when matters change - For example, if you get divorced after your will is created it will treat your former spouse or civil partner as having died on that date. As a result, any gift in their favour stated in your will will be ineffective unless you express otherwise.
- Solicitors can help you keep your will consistent - For example, will writing solicitors can help you add in an express revocation clause that ensures that any earlier will created is revoked. Without the clause, the most recent will will only revoke the wishes that are inconsistent with your previous one.
- Solicitors will ensure that the correct wording is used - This prevents the will from being overturned in the future.
Requirements for creating a valid will
For a will to be valid they must:
- Be in writing - All wills must exist as a physical document and preferably be typed, however, they can be handwritten.
- Be signed by the testator - The testator must have full capacity to understand what they’re signing and the associated implications.
- Be signed with two adult witnesses present - They must not benefit from the will themself.
For more information and guidance on how to create a valid will, get in touch with our will writing solicitors today.
Common mistakes in a do it yourself will
There are a range of mistakes made in ‘do it yourself wills’ such as:
- Not being specific enough - Writing ‘I leave my silver bracelet to my daughter’ isn’t a clear enough instruction as you may have more than one silver bracelet each ranging in value, meaning that the correct bracelet may not be given to your daughter.
- Referring to ‘my children’ - You must be careful, especially if you have stepchildren. It’s best to specify whether you’re referring to your biological children, stepchildren or both in sections of your will.
- Not keeping your will up to date - For example, you may state that you want your son to receive your car, but you may own multiple cars or have sold your car, making it difficult to understand what car you are assigning to your son.
At Wright Hassall, our will writing services will help you avoid these mistakes and create a valid will that gives you peace of mind. Get in touch with us today to see how we can help you create a will that carries out your wishes simply and effectively after you’ve gone.
