Solicitors are still the best option for Wills – Report by Will Aid
In a public survey conducted by Will Aid, the charity Will writing scheme, they have found that solicitors have been chosen as the best option to ensure that people’s wishes are carried out effectively in their Wills.
According to Will Aid’s research, 62% of people who made a Will last year used a solicitor, 12% a will-writer and 9% made a home-produced Will while others used DIY store bought Will packets.
Whilst there has been an increase with people using online Will-writing services, a large majority of us use solicitors to create this important legal document. These are some of the reasons why using a qualified solicitor to write your Will is still the best option.
Money is wasted
If you’ve ever walked into a WH Smiths, you will no doubt have seen DIY Will kits for sale between £10 – £30. The low fees might appear attractive compared to a professional solicitor’s costs which can run into the hundreds, but this is because you are taking on a very serious risk.
There is no guarantee that the DIY Will is actually going to carry out your wishes effectively and in the most tax efficient way. In some cases you may end up paying more tax than necessary.
Solicitors not only draft the Wills but they also check that it has been executed correctly. One of the most common errors found in DIY Wills comes from the failure of finding independent adult witnesses who can execute the document properly.
There are many hurdles when it comes to writing and executing a Will, which is why it is so important to have a legal professional involved.
Why you should use a Solicitor not a Will-writer
Compared with solicitors, Will-writers are not required to have any proper legal training and can practise without regulation or insurance. A solicitor will have had years of training and experience in the private client sector that is not limited to just Will writing. This wider knowledge enables solicitors to carry out your wishes in the best possible way.
Solicitors are regulated by the SRA, which means that if something does go wrong or you are unhappy with the service you have received, there is a higher body who can redress any wrong doing. Solicitors must have professional indemnity insurance which guarantees that you will be compensated for any loss that you suffer. Will-writers do not have an independent complaints body for you to go to should anything happen, nor do they have indemnity insurance.
Many online Will-writers offer ‘telephone wills’ which do not involve any face to face meetings. Solicitors require that we meet with you at least on one occasion, not just for ID purposes but also to assess your mental capacity. Challenges made to Wills are ever increasing, and in order for any doubt to be removed from how a Will was produced or executed requires evidence. A solicitor ensures that you have the mental capacity to make and execute your Will and removes the risk of your Will being challenged after you die.
If you would like more information on how Freeman Harris can assist you or your family with making a will, please contact our team on 020 7790 7311 or email us at contact@freemanharris.co.uk.
