Risks and Benefits of Will Writing Services
DIY will kits and will writing services are becoming more and more popular, as people see them as a cheaper alternative to using a solicitor to draft their last will and testament. Unfortunately, although they may cost less upfront, wills not written by a solicitor could cost your loved ones time and money, and cause them stress, after you have passed away.
With more wills than ever being contested each year, before you decide how you’re going to write yours, read on to learn about the risks and advantages of each service.
DIY Will Kits
DIY will kits are readily available, both online and in newsagents across the country. If your wishes are very straightforward, (for example you are married and you want all of your assets to go to your spouse when you pass away,) then a DIY will kit may suffice. However, if your situation is any more complex than this then the simple template offered by the will kit may not cater to your requirements.
You should avoid using a DIY will writing kit if:
- Your estate is worth £325,000 or more (therefore you are subject to inheritance tax.)
- You are a business owner and you are leaving part or all of your business to someone else in your will.
- You have property abroad, or foreign bank accounts or investments.
- You have financial dependents who are not your immediate family.
- Your wishes are complex (even slightly.)
Even if you think your situation is straightforward enough to use a DIY will, there is still a lot of room for error. Many ‘homemade’ wills are rendered invalid by common mistakes in signing and witnessing, or naming invalid beneficiaries. Even a small error could cause stress and expense for your family and friends down the line.
Will writing services
Will writing services are another popular choice, with an estimated 180,000 people a year having their wills written by non-lawyers. As with a DIY will, these services are a viable option for very simple wills, but will writing companies also come with their own set of risks.
Will writers are often not legally qualified
If your situation is not straightforward, such as those listed previously, a will writer may not have the legal knowledge to reflect these complexities in your will.
Will writing services are unregulated
Unlike solicitors, will writing services are not regulated by the Legal Ombudsman. If you have a problem with your will from a will writing company, you cannot complain to a governing body.
Will writing services may try to sell you extra services you do not need
Will writing companies can try to upsell you to extra services, using pressure selling to get you to pay over the odds for additional related services you do not require.
If you are set on using a will writing service to draft your will, make sure you do your research well to find a reputable firm. If you are in any doubt about the will you are provided with by a will writing service, you can get it checked (and amended if necessary) by a solicitor.
Solicitors
Although using a solicitor can be the most expensive option when writing your will, the benefits will greatly outweigh the costs, ultimately providing you with peace of mind that your wishes will be carried out as you stated and your loved ones spared any additional stress after you die.
All the complexity is handled for you
The solicitors writing your will are experts in this area of law, including all of the areas for potential complications, such as inheritance tax, helping you make the best choices for your assets and beneficiaries.
You can be confident there will be no mistakes
By using an expert, you can be sure your will will not be invalidated by common mistakes such as not being signed, or being witnessed by a beneficiary.
You (and your loved ones) are protected if something goes wrong
Solicitors are regulated, and if you have a problem with yours you can complain to the Legal Ombudsman. If, after you have passed away, it transpires there is a problem with your will and your solicitor is at fault, your family and friends could claim against the liability insurance that all solicitors must legally have.
Your Will will be stored safely
1 in 10 Wills in the UK cannot be found after the testator (person who has written the will) has died, resulting in unnecessary inconvenience and worry for friends and family. This situation can be avoided by using a solicitor as most (including Freeman Harris), will store the original will for you in a fireproof safe, free of charge.
If you decide to get your last will and testament written by a solicitor, it doesn’t have to cost the earth. At Freeman Harris our fixed-fee wills start at just £150, so contact us today and one of our team will get back to you to discuss your will requirements free of charge.
