Pitfalls of Drafting Your Own Will

DIY Wills and online ‘Will kits’ have been blamed for the increase in the number of contested estates across the UK.

Without the guidance of an experienced legal professional, a DIY Will is more likely to contain mistakes or omissions, leaving your family to argue over your possessions, and property or even to question the validity of your Will.

This article focuses on the pitfalls of a self-made Will and the potential consequences. Alex Russell, one of our dedicated Wills, Probate and Trust team, discusses:

Common pitfalls of a DIY Will

Many common mistakes are made when a person decides to create their own Will. Not done on purpose, these errors, caused by a lack of detailed knowledge about the process, can have unintended consequences.

The most frequent include:

Incorrectly signed and witnessed

Your Will needs to be witnessed by two people who must be present at the time of your signing for it to be legally binding. Witnesses must be UK citizens, aged over 18 and not named as beneficiaries in your Will or married to someone who is.

Omitted assets/debts

Forgetting about assets in your Will means your beneficiaries are not likely to get the amount specified. It may even mean that you are declared ‘Intestate’ and some of your assets could end up going to beneficiaries you wouldn’t want them to.

Also, it is important to consider debts like mortgages and how they may reduce the value of your estate.

Pecuniary and Residuary legacies

If you currently have £100,000 in the bank, for example, your Will might gift £20,000 to your brother (a specific sum of money which is considered a pecuniary legacy) and your son will get the remaining £80,000 (a residuary legacy). But by the time you die, imagine the money in the bank is only £20,000.

This means your brother would receive £20,000 and your son would be left with nothing; this is because pecuniary legacies are paid first and if there is nothing left afterwards then residuary legacies would not be paid.

Out of date

We advise reviewing your Will every 3-5 years and always in line with big life changes. For example, a new marriage will invalidate an existing Will; if you have children from a previous marriage, and you are about to re-marry, you may wish to provide for them in a new Will, to minimise the risk of them being disinherited in the future.

What about if your named executors or beneficiaries have died before you? You may wish to update your Will.

Hand-written changes

You cannot amend your Will after it has been signed and witnessed. The only way you can change a Will, is by making an official alteration called a Codicil, which must be signed and witnessed and should always be done by a professional.

Inappropriate executors

An executor will be considered inappropriate if they are under 18, are not capable of accepting the responsibility, or sometimes if they live overseas.

What are the consequences of a Will with errors?

A poorly drafted Will can have unexpected tax consequences and lead to expensive court litigation.

This can have devastating consequences and result in months of turmoil. It could mean that instead of paying for a professional to draft your Will correctly in your lifetime, you end up paying to fix problems after your death (as these costs will be paid from your estate).

It can cost thousands of pounds, and the family may fall out in the process.

Instructing a professional to help you write your Will ensures it is correct and well-considered, and that you have received specialist advice tailored to your personal circumstances.

What happens if your DIY Will is invalid?

If a Will is considered invalid, the UK Rules of Intestacy apply. This means that there is a specific order as to who inherits, which may not be the people you would want.

Also, the Rules of Intestacy do not acknowledge any unmarried partner, stepchildren, in-laws, friends or any charities/organisations that you may want to leave a legacy gift to.

Increasingly, we are coming across DIY wills that do not make the provisions intended at the time they were written, and blissful ignorance ensures the errors in the Will are not corrected - then it's too late.

How can Winns help?

At Winns, our professional Will drafters are experienced in safeguarding your wishes. We can help you ensure your assets are protected, your loved ones looked after, and your wishes followed.

We also offer competitive fixed standard fees for our services.

Try our quote builder today or book a call by clicking on the button below.

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