Home-made wills – Why it’s best to listen to the experts

I overheard a conversation the other day, two older men, discussing wills and financial matters. ‘Write your own will – it’s easy’ said one man to the other, ‘just look online, lots of websites will tell you how to do it – for free!’

The conversation made me cringe, as while the man meant well, and was clearly trying to help his friend, he had no awareness of the potential pitfalls of a home-made will.

What is a home-made will?

A home-made or DIY will is one that is not drawn up by or witnessed in the presence of a legal professional. It may also be missing important legal clauses such as the attestation clause (a statement that describes the circumstances under which the will was signed and witnessed).

What are the pitfalls of a home-made will?

The Grant of Probate could be delayed as without an attestation clause; the probate court requires an affidavit which evidences that the will was properly signed and witnessed. Your Executors will not be able to pay out legacies to your beneficiaries until the Grant of Probate has been obtained.

A home-made will is likely to be simplistic, and possibly even incorrect. Without expert guidance, how will you have peace of mind that your wishes will be carried out after your death if you’re not sure you’ve even done it right?

Additionally, a home-made will is easily taken to court to be contested, and that can tie up your estate for years without your descendants being able to access a penny and when they do get it, huge amounts of money from your estate will have been swallowed up in solicitors’ fees.

If you’ve chosen to make a home-made will, then it’s likely you’ve not considered the wider picture such as putting in place Lasting Powers of Attorney if you become unable to make decisions for yourself due to incapacity. There is the incorrect assumption that if you end up unconscious in hospital that your next of kin has automatic authority to make decisions, when in fact that's not true, the clinicians do. Your family wishes could be ignored entirely, even if they know what you'd want to do were you capable of deciding.

So, as you can now understand, the man thought he was helping his friend, but advice like this can put people in very difficult positions in years to come!

At True Bearing, we can help you with all aspects of Will Writing, Legacy Planning and Lasting Powers of Attorney. For a no-obligation first appointment please visit our site or call 01257 260011.

The FCA does not regulate Wills, Lasting Powers of Attorney or Legacy Planning