Avoiding costly Will mistakes: benefits of a professionally drafted Will
We hear it all the time … why pay for a Will when you can draft one yourself?
While DIY Wills may appear cost-effective, even relatively straightforward estates can involve legal and practical complexities that are easily overlooked. A professionally drafted Will not only helps ensure your wishes are carried out accurately but can also reduce the risk of disputes and unintended consequences for your loved ones.
Has your Will been signed correctly?
For a Will to be valid in England and Wales, it must comply with formal requirements, including:
The Will must be in writing.
You must intend for the document to take effect as your Will.
You must sign the Will in the presence of two witnesses at the same time
Each witness must then sign the Will in your presence.
If these requirements are not followed, your Will may be invalid.
Additionally, it is also important to ensure that witnesses (or their spouses/civil partners) are not beneficiaries under the Will. Although the Will itself may remain valid, gifts to those individuals could fail.
How does WT Solicitors help?
We carefully review all Wills we prepare to make sure they are executed correctly. We also offer complimentary Will signing appointments, where members of our team can supervise and witness the signing process to help avoid errors that could invalidate the Will or create uncertainty later.
Can your assets pass under your Will in the way you intended?
Not all assets automatically pass under the terms of a Will. Certain assets, for example, jointly owned property, death-in-service benefits and pensions, may pass outside the estate depending on how they are owned or nominated.
How does WT Solicitors help?
We consider the nature and ownership of your assets as part of the Will drafting process. We can advise on whether any additional steps are needed to ensure your estate passes to your intended beneficiaries.
Could your Will be challenged?
A professionally drafted Will can help reduce the likelihood of disputes after your death.
Claims may possibly arise where someone alleges, for example, that:
You lacked the necessary mental capacity to make the Will.
You were subjected to undue influence or pressure when making your Will.
The Will does not make reasonable financial provision for certain individuals.
If a claim is successful, the courts may declare that part or all of the Will is invalid or make orders affecting how the estate is distributed. Where there is no valid Will, the estate will usually pass in accordance with the intestacy rules, which may not reflect your wishes.
How does WT Solicitors help?
We take detailed instructions and maintain comprehensive attendance notes recording your wishes, the reasons behind your decisions and the circumstances in which the instructions were provided. Where appropriate, we can also take additional steps to assess and record testamentary capacity. These measures can provide important evidence if the Will is ever challenged.
Tailored advice
A professionally drafted Will is not simply about preparing a document. It is about ensuring your estate planning reflects your personal circumstances, protects your loved ones, and minimises the risk of future complications.
Get in touch today if you would like us to review your existing Will or discuss putting a new Will in place.