Homemade Wills – Should I make my own Will?

Many of us may feel that we do not need a Will, or that our instructions are so simple, we can make our own Will at home explaining what we wish to happen in the event of our death.

Homemade Wills have been increasing in popularity over recent years and so have disputes over inheritance which have risen by an incredible 62% in the High Court in the last two years, according to a This is Money article.

Although it is not only homemade Wills that are the subject of dispute, this rise in challenges to Wills indicates that homemade Wills may not always be suitable for ensuring that your Will is valid and your estate is distributed as intended.

This is not to say that all homemade Wills are invalid. A proportion of homemade Wills will be deemed valid and their instructions will be clear allowing it to carry out the writer’s instructions as intended. However, there are many common issues which arise and are contested when relying on a homemade Will, including:

1. Failure to consider all of your assets such as property and bank accounts
2. Failure to consider what you wish to happen if one of your beneficiaries dies before you
3. Failure to follow the formal requirements for ensuring your Will is valid, such as how the document should be signed and who can be a valid witness
4. Failure to take into consideration the implications of the Inheritance (Provision for Family and Dependants) Act 1975 which excludes particular beneficiaries
5. Unclear statements which cause ambiguity or confusion about the intention of the writer
6. Failure to destroy any previously made Wills
7. Failure to ensure your Will is kept securely and making sure the relevant people are aware of the existence of your Will and where to find it
8. Failure to provide full and correct details of the intended beneficiaries
9. Failure to express your wishes in relation to any tax and/or expenses that may apply to any gifts given and how these should be paid

These mistakes can cost you, your estate, and your intended beneficiaries dearly. If your Will is drafted incorrectly, this could lead to your instructions not being followed in the way you intended or could make the Will invalid.

To achieve peace of mind for yourself and for your family relying on your Will, it would be beneficial to consider making a Will through a Solicitor. The cost is likely to be lower than you expect and could save great expense and distress in the future. Seeking professional advice with such an important document can be invaluable.

How can we help?

Our Solicitors at Oakwood Solicitors Ltd are experts, giving you the benefit of receiving a professionally made Will along with the relevant legal advice. We work on a fixed fee basis so we can advise you of the cost prior to you formally instructing us. You can email your enquiries to us at wills@oakwoodsolicitors.co.uk.

If you have a homemade Will, Oakwood Solicitors Ltd also offers a free half-hour review of your Will to check it meets with your wishes and that the formalities have been followed.

WHAT TO DO NEXT

For any advice about your Will or any other legal matter, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.