In an age where you can do everything from filing your taxes to drafting a divorce petition online, it’s no surprise that DIY wills have become a tempting option for those looking to save money. After all, why pay a solicitor when you can fill in a few blanks on a template downloaded from the internet?
The problem is that while DIY wills might seem cost-effective, they can create costly, emotionally charged problems down the line. Probate disputes, invalid documents, and unintended outcomes are far more common with wills that haven’t been professionally drafted.
If you’re considering writing your own will or know someone who is, here’s why it’s almost always a bad idea and how a solicitor can help you do things properly.
1. Wills Are Legal Documents, Not Just Written Instructions
It’s easy to assume a will is just a statement of your wishes: “Give my house to my daughter, split my savings between the grandkids, leave the dog to my brother.” Done, right?
Not quite.
A will is a legal document governed by strict rules. To be valid in England and Wales, it must:
- Be made by someone 18 or over.
- Be made voluntarily and without pressure.
- Be made by someone of sound mind.
- Be signed by the person making the will.
- Be witnessed by two people who must not be beneficiaries.
Failing to meet any of these requirements can render a will partially or entirely invalid, and DIY will-writers often don’t realise this until it’s too late.
2. Ambiguity Leads to Disputes
The language used in a will needs to be clear, specific, and legally sound. Unfortunately, DIY wills often use vague or inconsistent wording.
For example:
- “I leave a share of my estate to my children” — What if one of them has passed away?
- “Split equally between my family” — Who counts as family? Siblings? Stepchildren? Nieces and nephews?
- “I want my partner to live in my house after I die” — For how long? What if they remarry? Who owns the property?
These seemingly minor ambiguities can lead to costly legal battles. Family members may end up in court to interpret your intentions, and the legal fees can significantly reduce the value of your estate.
3. Mistakes Are More Common than You Think
Even a small error can have big consequences:
- Incorrect witnessing: If one of your witnesses is also a beneficiary, they may lose their entitlement under the will.
- Missing pages or inconsistent dates: This can cast doubt on the document’s validity.
- Unsigned amendments: Any changes must follow the same formalities as the original will, or they won’t count.
DIY will kits and templates often fail to explain these legal nuances, leading to avoidable and sometimes disastrous mistakes.
4. Life Is More Complicated than a Template Allows
While a simple will might be enough for someone with a small estate and no dependents, most people’s lives are more complex than that.
Common scenarios that require legal guidance:
- You own property with someone else.
- You have children from multiple relationships.
- You’re estranged from a family member.
- You want to make specific gifts or donations.
- You have a disabled child or dependent.
- You run a business or own foreign assets.
DIY wills rarely account for these complexities, and using one could result in the exclusion of loved ones, the mismanagement of your estate, or the contestation of your will.
5. The Rise in Contested Wills Is No Coincidence
In recent years, the UK has seen a significant increase in contested probate cases, many involving homemade or DIY wills.
According to recent data, the number of inheritance disputes reaching the High Court has more than doubled over the past decade. In many of these cases, issues stemmed from:
- Poor drafting
- Outdated wills
- Failure to account for dependents under the Inheritance (Provision for Family and Dependants) Act 1975
These cases often pit family members against each other and can take years to resolve. A professionally drafted will significantly reduce the risk of disputes and help preserve family relationships after you’re gone.
6. Your Will Should Reflect Changes in the Law (And in Your Life)
When was the last time you updated your will?
Many people write a will and then forget about it. But your circumstances can change, and so can the law. DIY wills typically don’t come with legal advice on when and how to update your will or whether recent tax or inheritance law changes affect your estate.
A solicitor will:
- Prompt you to review your will regularly.
- Ensure your will complies with current legal requirements.
- Help minimise Inheritance Tax where possible.
- Advise on setting up trusts, guardianships, or lifetime gifts if appropriate.
This isn’t something a downloadable form can do.
7. It’s Not as Expensive as You Think
The number one reason people turn to DIY wills is cost. But this is often a false economy.
Yes, a solicitor-drafted will might cost a few hundred pounds. But if a DIY will leads to confusion or court proceedings, your family could end up spending thousands to sort it out, and potentially lose out on part of the estate.
More importantly, a good will protects the people you care about most. It ensures your estate is distributed according to your wishes in the most tax-efficient and legally secure way.
8. You Get What You Pay For
When you instruct a solicitor to draft your will, you get more than just a document:
- You receive professional advice tailored to your circumstances.
- You can ensure specific outcomes, such as delaying inheritance until beneficiaries reach a certain age.
- You have a trusted legal professional who can store your will securely.
- You benefit from professional indemnity insurance in case anything goes wrong.
In contrast, a DIY will offers no support, no security, and no recourse if things go awry.
Protect Your Legacy the Right Way
DIY wills promise simplicity, but they often deliver chaos. When it comes to something as important as your final wishes, taking shortcuts can leave your loved ones vulnerable to legal disputes, financial loss, and emotional distress.
A will isn’t just a form; it’s a cornerstone of your estate planning. By working with a qualified solicitor, you gain peace of mind that your affairs are in order, your assets will be distributed fairly, and your family will be taken care of properly.
If you live in Brighton or anywhere in the UK and want to make sure your will is legally sound and truly reflects your wishes, get in touch with Burt Brill & Cardens Solicitors. Their experienced team can guide you through the process, no matter how simple or complex your situation may be.