The short answer is that you don’t need a solicitor to write your Will for you, but it is advisable to use one.
When it comes to writing your Will, you actually have a few options available to you. You can draft it yourself, ask a professional Will-writer to draft it, or you can ask a solicitor to draft it for you. A professional Will-writer is not necessarily a solicitor. But solicitors can be experts in Will-writing. Many people opt for Will writing solicitors when looking for professional guidance, as such solicitors specialise in helping clients ensure their wishes are legally protected.
Reasons to instruct a solicitor
Instructing a solicitor is a low risk option, because most solicitors who offer Wills as a service will have drafted many Wills before. They know what they’re doing. Will solicitors are legally trained and able to handle complex estates, which may include overseas properties and complicated family structures. Even if your estate is uncomplicated, the drafting will be accurate and precise, and will cover all your bases. Most of all, they will make sure that the Will is valid, and legally binding.
Also, it’s worth remembering that solicitors are regulated by the Solicitors Regulation Authority (SRA) so we are under obligations to maintain certain standards and keep up-to-date with our training. We adhere to a Code of Conduct so we are always honest with you, and we must always act in your best interests.
There’s a structure complaints procedure in place if you’re not happy with the service at any point. The Legal Ombudsman deals with any complaints. So there’s a safeguard there to protect the public and make sure solicitors are held to the highest standards.
Getting a solicitor to draft your Will may be slightly more expensive than other options. But there’s value in getting the Will right at the outset. If you end up with a Will that’s not legally binding, it could cost your family thousands to unravel your wishes in court.
Working with a Professional Will-writer
Professional Will-writers are not lawyers, and they are not regulated by the SRA. But there is a global professional body called the Society of Trust and Estate Practitioners (STEP), which is seen as the hallmark of quality in the private client sector around the world.
Will Writers may be accredited by STEP to show that they have trusted experience and qualification. Solicitors can also be accredited by STEP.
Will writers are also regulated, but they won’t be regulated by the SRA. Good Will-writers are members of the Institute of Professional Will Writers and / or the Society of Will Writers.
Some large commercial organisations for Will-writing can come across as a bit ‘salesy’. There are some Will-writing outfits where the sales people take instructions, then pass the instructions to the Will-writers in the back office to do the work. That can create an impersonal dynamic.
Can you write your own Will?
Technically, you can write a Will yourself if you want to, and there are a number of off-the-shelf DIY Wills available. These are the low cost option, but they come with the highest risks.
The main problem is that you run the risk of your Will being invalid.
Things that often cause a Will to be invalid are:
· Lack of clarity or certainty in the drafting
· Failure to provide substitute beneficiaries
· The Will is not correctly witnessed when it is signed
If your Will is invalid for any reason, it will be as though you died without making a Will at all. Any ambiguity in the Will could lead to expensive legal action for your loved ones, as they try to detangle your wishes, or wrestle with the rules of intestacy to distribute your assets.
Legal action will be significantly more expensive than the few hundreds of pounds you’ll spend in getting a professional to draft a watertight Will for you.
The DIY Will packs are often prescriptive in what you can add into your Will, and may neglect important features, especially for more complex situations. For example, you won’t be able to set up a Trust for children to receive their inheritance when they are more financially responsible, or to provide for a child with disabilities. Equally, there’s no inheritance tax planning with an off-the-shelf pack.
While it may be low cost to purchase the pack and write your own will, you might also be stung with expensive storage and retrieval fees. It’s best to check this before you commit, as this is often where these companies make their profit.
Final Thoughts
It might be unsurprising that a law firm would recommend instructing a will writing solicitors instead of writing your own will yourself. However, we think our position is still justified - the risks associated with a DIY will simply don’t stack up against the benefits of using a specialist.
You may also be surprised at how reasonable our will writing service is.
