It is possible to make a Will without a solicitor; however, it is not advisable. It is always best to instruct a reputable solicitor who will guide you through the Will writing process, helping to prevent any future issues that could lead to your loved ones not having access to your assets after you die.
Why do I need a Will?
Making a Will ensures that when you die, you have left instructions as to how your assets will be distributed. Your executor is legally required to distribute your assets according to your wishes as detailed in your Will.
Can I ask a solicitor to check my homemade Will?
A solicitor will not wish to accept professional responsibility for a document you have prepared yourself. In all likelihood, they will have to spend more time tidying up a self-made Will than if they had prepared your Will from scratch.
What does ‘intestate’ mean?
Dying without a Will is known as dying intestate. In this situation, your estate is divided in accordance with the UK Intestacy Rules. If you die without having made a Will, your loved ones may not be entitled to your property, assets or finances. The Intestacy Rules might result in your assets passing to persons you did not wish to benefit from your estate.
Can I make a Will without a solicitor?
Contrary to popular belief, it is possible to write your own Will without using a solicitor. Still, a lay person can easily make mistakes, which can be extremely time-consuming and costly to resolve later on.
Will writing can very quickly become complicated. A common mistake made by a lay person is that they leave a percentage of their estate to several people; however, there is no instruction as to what is to happen if one or more of those people predeceases them, which unintentionally results in a partial intestacy.
Sometimes homemade Will makers attempt to use legal jargon but misuse it because their Will is ambiguous, and their intentions are unclear.
What do I need to include in my Will?
In a homemade Will, the identity of a beneficiary may be unclear because there may be two family members (e.g., a father and son) with the same forename and surname. Had the beneficiary’s middle name been inserted, the identity of the intended beneficiary would have been made clear.
A solicitor is trained to look for a plethora of potential pitfalls when writing a Will on behalf of a client.
For example, if a party has children from a previous relationship, a solicitor might suggest that making provision for such children upon their death might leave their current partner in financial difficulty. They might suggest that the client and their partner make mirror wills with both parties’ children benefitting upon the second death.
Online Will Services
There are many online Will writing services, but they may cause extensive issues due to a lack of regulation.
It is always preferable for your Will to be prepared by a solicitor who will discuss your options with you and, depending upon your particular circumstances, set out your wishes in a clear, understandable way.
At Beverley Morris & Co., we recommend speaking to a trusted solicitor regarding your Will. It is important to ensure that your wishes are upheld, and, of course, you will want to do whatever is best for your family.
Validity of a Will
Ensuring that a Will is legally binding means that there are no complications when your executor comes to distributing your assets following your death.
No matter the complexity or otherwise of your Will, it is essential that it is correctly dated, signed, and witnessed for it to be legally valid.
If you draw up your own Will, you will still need to ensure that it is correctly dated, signed, and witnessed.
Any witness may not be a beneficiary under the Will or married to a beneficiary to prevent coercion or other related issues.
Writing a Will Blackheath
At Beverley Morris & Co., our team of private client solicitors will be more than happy to assist you through the Will writing process, from drafting a Will according to your needs to helping your executor distribute your estate according to your wishes.
We can also advise and assist with issues relating to Will disputes and other matters.
Do not hesitate to contact our experienced team today: call 020 8852 4433 or email enquiries@beverleymorris.co.uk.