DIY Will writing packs to create home-made Wills in an attempt to save on legal fees are becoming increasingly popular. While creating a Will without professional guidance can seem like a cost-effective and straightforward option, unfortunately, this approach can result in significant issues and unexpected expenses for your loved ones who may be forced to untangle these complications during an already challenging time.
Ultimately, the main purpose of creating a Will is to safeguard your loved ones and ensure your assets are distributed as you wish. A DIY Will kit cannot offer the personalised advice and in-depth understanding of your specific circumstances that a solicitor can provide. Inadequate Wills can lead to disputes among beneficiaries, resulting in court battles that strain relationships and diminish the estate's value.
What can go wrong with a DIY Will?
The worst-case scenario with a home-made will is that the entire document could be declared invalid. If this happens, your estate will not be distributed according to your wishes, and assets may end up with individuals you did not intend to benefit. Alternatively, a home-made will might create issues with specific provisions, often due to a lack of understanding of the legal requirements necessary for a valid will.
DIY wills are often declared invalid or cause problems that necessitate court intervention far more frequently than professionally drafted Wills, especially in Scotland, where the often unique legal nuances of Scots Law must be adhered to.
As well as potentially being declared invalid, an article from the Law Society showed a rise in Will disputes, partly attributed to issues with homemade Wills, with over 38,000 families contesting a Will each year in the UK.
Example of DIY Will kit gone wrong:
Even if your Will seems ‘straightforward’, issues can still arise. Take this case for example:
Say you prepare your own Will with a DIY Will writing kit. Your estate is worth £150,000 and you decide to appoint your neighbour as the executor of your estate and they are to receive the majority of the estate, with the only exception being a £5000 gift to your favourite local charity.
When you pass away, your two children discover your Will and are shocked to learn that they are not to inherit anything, despite having a great relationship with you. Immediately, they think that your neighbour has coerced you into leaving your estate to them.
With no Solicitor involved and no statement of reasons left, your children spend months in court disputing your Will with your neighbour, instead of grieving their loss. This time in court eventually settles with the estate being distributed differently to the wishes in your Will and sees the estate cover all legal costs incurred from the dispute, substantially reducing the estate amount. The initial couple hundred pounds cost of an expertly drafted Will could have saved your estate £50,000, as well as the emotional strain of the dispute on loved ones.
While saving a bit of money now seems like a good idea, in the long run it could ultimately result in your loved ones spending thousands to settle any disputes after you have passed away.
Limitations of DIY Will Kits
Most DIY will kits available on the market are not tailored to Scots Law. These kits are often designed with English or general UK law in mind, potentially leading to significant issues when interpreted by Scottish courts. The differences between jurisdictions can result in your will being deemed invalid or certain provisions being unenforceable.
The laws governing wills and estates are subject to change. DIY Will writing kits lack the foresight to anticipate future legal amendments, leaving your Will outdated and your final wishes potentially unfulfilled. Without the expertise of a solicitor, you risk having your assets distributed in ways you did not intend, creating complications and added stress for your loved ones during an already difficult time.
Speaking to an experienced solicitor, such as those at Burnett & Reid, is the only way to ensure your Will is legally sound and reflective of your precise wishes. Our solicitors are well-versed in Scots law and stay updated on legislative changes, offering you the peace of mind that your Will is robust and comprehensive.
Our Private Client solicitors in Aberdeen and Banchory understand the importance of getting it right. We take the time to understand your unique circumstances and draft Wills that are legally binding, clear, and tailored to your specific needs.
Ditch the DIY kit and rest assured that your assets and loved ones are protected, allowing them to focus on grieving and healing without the added burden of legal and financial uncertainties. Speak to the Burnett & Reid team today
