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Seven reasons to write your own Will

10 May 2020

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DIY Wills are legal - and a leading source of the problems we find in Will reviews. Seven honest questions to ask yourself first.

Written by
  • Jess Taylor TEP Jess Taylor TEP Associate Director of Estate Planning

There are many good reasons to write a Will, and doing it yourself can look like a sensible saving. But inheritance disputes have risen sharply, and DIY and online Wills are a significant part of the story. A poorly drafted Will can undo everything you are trying to achieve - and the saving today can prove expensive for the very people you want to protect. Before you start, ask yourself:

1. Are you certain about capacity?

A Will can be challenged on the grounds of testamentary capacity. Having an independent professional involved, who records capacity, makes a challenge far harder.

2. Do you have an eye for legal detail?

Vague or incorrect wording is the classic DIY failure. David Bowie famously left half his fortune to his "two children" without naming them - prompting adverts inviting any unknown children to come forward. Words that seem obvious can carry a different legal meaning: in a Will, "my children" does not include stepchildren unless you say so.

3. Are you avoiding assumptions?

Phrases like "my jewellery" or "my business" feel self-evident and are anything but, once items of different value have to be shared out.

4. Have you dealt with the residue?

The residue is what remains after debts, costs, taxes and specific gifts. Fail to deal with it and that part of your estate passes under the intestacy rules - not your wishes.

5. Are you sure there will be no fallout?

"That would never happen in my family" is what most disputing families believed. Clear drafting, properly witnessed, is what actually prevents it.

6. Do you know what you have left out?

The Law Society has reported DIY Wills "riddled with errors and omissions". It is the omissions - the things you did not know to include - that cause the worst outcomes.

7. Have you considered the bigger picture?

Guardians for children. What happens if your partner remarries. Whether your estate faces Inheritance Tax that planning could have reduced. A Will is one document inside a larger plan.

Key takeaways

  • DIY Wills fail through wording, omissions and assumptions - usually discovered after death
  • "My children" does not include stepchildren unless the Will says so
  • If you already have a DIY Will, a professional review is the quickest way to find out whether it works

We review existing Wills as well as writing new ones. Of the Wills we review, only around 1 in 7 need no action at all - a review is often the most valuable hour you can spend on your planning.

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