Making a will is something no one looks forward to, but it’s imperative that you put your wishes in writing for a number of reasons.
Failure to make a will means that a person dies ‘intestate’ and the law decides what happens to the deceased’s estate and affairs. This can take months to complete, or even years in complex cases, not to mention the heartache and legal fees bequeathed upon loved ones.
Although there is much guidance on how to write your own will, this can be fraught with problems, and using the services of a solicitor at some point during the process is advisable, not least because there are legal formalities which must be adhered to ensure the will’s validity.
Solicitors’ costs vary depending on a variety of factors from the complexity of the will to the solicitor’s own experience in the field.
Many people when making a will use the services of a solicitor from start to finish, but some choose to avoid legal costs and write a will themselves providing their circumstances are relatively straightforward. There are, however, many common discrepancies in this practice which can cause all manner of problems.
For example, it’s important to take into consideration the possibility of a named beneficiary dying before the will-maker. Naming a substitutional beneficiary, that is, a person who should receive what you’ve bequeathed should the first beneficiary die before you, is necessary to prevent your assents going where you didn’t want them to. Many people overlook this possibility when making a will independently.
Also, a solicitor is equipped to inform you of the existing rules which may affect your will, which you may not have considered. For example, did you know that any changes made to the document which are not signed and witnessed are invalid? Or that dependants can claim from your estate should they decide that they haven’t been provided for adequately, and if their claim is successful, some of the will can be overturned? Ignorance in such areas cause can much upset for loved ones after your death.
There are some situations when legal advice is particularly beneficial. These include a situation in which you need to make provisions for dependents that can’t care for themselves, or if you have overseas property or you don’t live in the UK permanently.
Similarly, if there are numerous family members who will potentially make a claim on your estate, or you share property with someone other than a spouse, it is advisable to seek legal advice as these are complex matters.
If you’re confident you know enough about making a will yourself and have armed yourself with the facts, there is still free help available should you need it. The Citizens advice bureau is a good place to start, and Age Concern also offers help and advice.
If you’re sure that you want to write your own will, it may be advisable to have someone who is qualified to look over the completed document, if only for the peace of mind this will bring.
Thomas Pretty is a will drafter with many years of experience writing wills. Find out more about making a will at http://www.willdrafters.com/
