Why a DIY will could cost your family more than you expect
If you are thinking about making a will online or using a DIY template, it is easy to see why that might seem attractive. Free and low-cost options are widely available, and at first glance, they can appear to offer a quick and simple solution. However, your will is one of the most important legal documents you will ever sign, and if it does not accurately reflect your wishes, the people you care about most may be left dealing with avoidable stress, delay and expense.
As a member of The Association of Lifetime Lawyers, Ann Christian of LCF Law has seen the difficulties that can arise when a will has not been prepared properly. In some cases, families face uncertainty, disagreements and delays at an already emotional time. Very often, the cost of resolving those problems is far greater than the cost of getting clear, regulated advice in the first place. Once a person has died, mistakes in a will are usually far more difficult, and sometimes impossible, to put right.
One of the main risks is that a DIY will may not be legally valid. This can happen for a number of reasons, including using a beneficiary or their spouse as a witness, not signing the document correctly, making handwritten changes after it has been signed, or relying on a template that does not properly deal with the legal requirements. If that happens, your estate may be distributed under the rules of intestacy rather than in line with your wishes. For your family, that can create serious difficulties, especially if you want to provide for an unmarried partner, stepchildren or someone who would not automatically inherit.
Even where a DIY will is valid, the wording may be too vague to work in practice. Terms such as “my savings”, “my possessions” or “divide everything equally” can sound clear when you write them, but they may mean different things to different people. Does “savings” include investments, joint accounts or Premium Bonds? If there is any uncertainty, your loved ones may be left trying to interpret what you meant, which can lead to disagreement and unnecessary legal costs.
Your personal circumstances also matter. Many families do not fit neatly into a standard template. If you are remarried, living with a partner, have children from a previous relationship, are estranged from a family member or want to protect someone vulnerable, a simple online form may not cover what you need it to. A will that looks straightforward can still miss important points and leave your family without the protection you intended.
This is particularly important if you live with a partner but are not married or in a civil partnership. Many people assume that living together gives the same inheritance rights as marriage, but that is not necessarily the case. Without the right will in place, the person you share your life with may have far less legal protection than you expect.
DIY wills and low-cost online services are usually designed to be generic, but your estate may be more complex than you realise. You may need to think about property, pensions, inheritance tax, business interests, digital assets, foreign property, trusts or how to provide for a vulnerable beneficiary. These are all issues that can easily be missed if you are relying on a standard template.
It is natural to look at the cost of making a will and want to keep that cost down. However, the real question is whether your will gives you confidence that the right people will be protected and your wishes will be carried out. If something goes wrong later, the financial and emotional impact on your family can be significant.
Taking advice at the outset can give you peace of mind that your will is valid, clearly written and tailored to your circumstances. It can also help you feel confident that the people who matter to you will be looked after in the way you intend. Speaking to an Accredited Lifetime Lawyer is a sensible way to make sure your wishes are properly recorded and to reduce the risk of uncertainty, delay and unnecessary disputes for your loved ones in the future.
Get expert help
At LCF Law, we work on a fixed-fee basis and can tailor your to your specific circumstances.
Ann Christian, Head of Personal Law and member of STEP and the Association of Lifetime Lawyers, has extensive experience preparing LPAs and can guide you through every step. Contact Ann on 01943 885 782 or email ku.oc.fcl@naitsirhca to arrange a consultation.
This article was drafted by Rue Walker, a paralegal in our Personal Law team.
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