Tim Creighton, Director, Charities Law
For many people, making a Will is the last thing they want to spend their hard earned money on. This is reflected in the fact that more than 60 per cent of the UK population do not have a Will. The importance of a Will should not be underestimated though and perhaps this is why there has been a rise in the use of ‘Do-it-Yourself’ Wills.
Whilst a DIY Will can indeed save you money, there are some very real concerns that you should be aware of before you decide to entrust your family’s future to a DIY Will.
Firstly, a Will has a function. Its function is two-fold. First, it ensures that when you die your wishes are carried out as per the instructions detailed in your Will. Second, it is designed to protect your family and the loved ones you leave behind.
Without a Will, the laws of intestacy apply and these laws could leave your spouse without access to your full estate, or if you are not married and have been cohabiting, with the very real possibility of being destitute and homeless.
This situation won’t happen to you though, will it? After all, you are making a DIY Will and therefore everything will be fine won’t it?
No one can give you those guarantees when it comes to a DIY Will. There are a number of different elements to a Will and those are what make it valid. If there is one small error made on your Will, this may render it invalid. Your estate will then be divided by the laws of intestacy as if you had never even made a Will.
The only way you can be certain that your wishes will be carried out as per your Will and your family are protected is by getting your Will drafted by a specialist solicitor.
For more information about this article or any aspect of our Wills, Probate & Trusts solutions (including Care home fees recovery and powers of attorney), please give us a call on +44 (0) 28 9077 4500
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