"At a time when people are watching the purse strings, organising your will through an unregulated will writing company or writing it yourself using an off-the-shelf wills kit, may seem like a value-for-money option, but there are many dangers in going down either of these roads" says Ian C Paul, Partner and Head of the Private Client team at stevensdrake.
1. A home-made will or one drafted by an inexperienced or unregulated will writer may not actually distribute your entire estate. The resulting partial intestacy will not only mean that effectively two estates will have to be administered side-by-side (the one devolving under the will and the other under the intestacy rules), but it will also mean that a chunk of your estate may not go to your desired beneficiaries.
2. An unregulated will writer will be unlikely to carry professional insurance, therefore, if your will is defective, then your only recourse will be a law suit. Solicitors on the other hand, are bound by their regulatory body to take out professional indemnity insurance. In this way, the matter can be settled quickly and without recourse to expensive litigation.
3. A home-made will or one drafted by an inexperienced or unregulated will writer may not actually be valid, at all! The formalities for a valid will and for the valid execution of a will are very strict. If not met, then your wishes will simply not be carried out.
4. An inexperienced or unregulated will writer is unlikely to have the depth of training that all solicitors have to undergo. As such, they may miss or simply be unaware of vital legal issues forming the backdrop to your will (such as pre-existing lifetime trusts) and, as a consequence, they may prepare a will for you that does not meet your wishes.
So the message is clear, don't leave one of life's most vital documents to amateurs. Have your will professionally drawn up by a solicitor and enjoy peace of mind.
Published - July 2009
This article is provided for general information only. Please do not make any decision on the basis of this article alone without taking specific advice from us. stevensdrake will only be responsible for the advice we give which is specific to you.
