The Hidden Dangers of Homemade Wills

Homemade Wills have become increasingly popular over the years due to clients believing it is a cost-effective and more straightforward option with advertisements promoting Will templates for use at home. Homemade Wills can create a number of problems for your Executors and beneficiaries and can make it difficult for them to put the terms of your Will into effect.

What are the dangers?

1. Invalidity – there are strict rules around what is required in order to make a Will valid. If the Will does not meet these requirements, the Will could be declared invalid. This could result in your estate being distributed in accordance with intestacy laws rather than in accordance with your wishes.

2. Ambiguity – the wording of a Will is critical and homemade Wills can often cause disputes amongst beneficiaries due to the wording being unclear. Our job as legal professionals is to use precise language and wording to avoid misinterpretation. An uncertain Will can also cause problems for your Executors as it could lead to involvement from the Courts to determine the correct interpretation of the Will. This will add significant stress, costs and delays to your estate.

3. Complexity – Wills can become extremely complex and generic templates offered online are usually for a basic Will which do not take into account age contingencies or trusts. The basic templates do not always account for your specific wishes and what you would like to happen with your assets. Your assets might not go to the intended beneficiaries due to errors or oversights in the drafting. Without advice you may not fully understand the implications of making particular gifts or the effect on your wills if any of the beneficiaries were to die before you.

4. Tax implications – by creating a homemade Will you miss out on the opportunity to receive advice in relation to tax and tax planning including any allowances that you are entitled to receive. We can advise you in relation to your particular assets and provide advice in order to minimise tax liabilities which could mean that your beneficiaries receive more from your estate.

5. Undue influence – a homemade Will is likely to lack safeguarding procedures against fraud or undue influence. As professionals, we have steps that we take to ensure that you are protected should someone decide to contest your Will on the basis of undue influence.

6. Capacity – we have experience in assessing whether a person fully understands the content of their will. This provides another safeguard in the event that someone contests the Will on the basis that you did not have the capacity at the time of making the Will as wills made with experienced solicitors are rarely successfully contested on the ground of lack of capacity. This is due to the extensive checks the solicitor carries out at the time the wills are made.

We can provide a wide range of services including basic Wills, mirror Wills, complex Wills, Wills involving trusts and tax planning advice. Please contact our Private Client team to make an appointment.