“Why should I engage a lawyer to prepare a Will when I can get one from a stationer for £20, or instruct a Will Writer for half the price of a legal professional?” Here’s why…
Case law has established that a Will written on a napkin, or an eggshell is valid if it meets the requirements of the Wills Act for execution (signing). This opens a can of worms when it comes to whether the Will is the will of the testator, and could lead to the deceased’s estate paying a hefty price.
Anyone can purchase a DIY Will, prepare it on behalf of someone who does not retain full capacity and encourage them to sign the same. Or, for someone who retained capacity, to complete a DIY Will without really understanding the consequences of their actions. On the face of it – this will be a valid Will, albeit consequences may be far from what the testator intended.
Take for example, a Will handwritten by the testator’s husband in his favour that revoked his wife’s previous professionally drafted Will that left everything to her children of her previous marriage. The new Will was to ensure the husband was not forced out of his home on his wife’s death. The wife was in the early stages of dementia. The Will was, unsurprisingly, contested. A settlement was eventually agreed, but not before the wife’s Estate had spent over £20,000 in legal fees. Had the wife been encouraged to instruct solicitors, options would have been provided ensuring an outcome that would have avoided the dispute.
Thousands of pounds can be spent correcting undisputed Wills that have been poorly drafted, or where poor advice has been given, such that the testator’s intention is not put into effect. This is all because the testator did not seek proper advice for a carefully and accurately drafted Will.
A misplaced comma, or clauses in the wrong order can have a dramatic effect on the Will you intend to write and the Will you actually write. For example, a DIY Will where the clauses are drafted in a bizarre order could cause specific legacies to fail. A Deed of Variation could rectify matters but is costly.
Many services offering the preparation of Wills are unregulated, so there is limited protection if things go wrong. The training is often limited to a 4-day course which covers the basics. Whilst drafted with the best intentions, these Wills can fail to reflect the testator’s instructions and often demonstrate a distinct misunderstanding of the more complex aspects of Trusts and Inheritance Tax. An example of this is a Will drafted by a Will Writer to include a Trust in which the drafter advises the client that the Residence Nil Rate Band (RNRB) would be preserved. In fact, the RNRB would not be preserved meaning that valuable relief is lost. Substantial legal fees would incur to remedy matters.
Instructing a firm of solicitors ensures the testator is seen alone and clear notes are taken in respect of their capacity and instructions. This makes a Will challenge less likely and helps in respect of a testator’s intentions in the event the Will is unclear. You are not only paying for a carefully drafted bespoke Will but are also paying for advice based on years of experience.
We provide comprehensive advice that gives you options and understanding so you can be sure your assets pass according to your wishes. Contact a member of our Private Client team today on 01892 510 222 or email info@bussmurton.co.uk
For bespoke advice on this or any other area of law, get in touch with the team now.
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