Wills and Probate Solicitors

Cheap, online and ‘DIY’ wills are becoming more and more prevalent and unfortunately, those who opt for one of these methods when making their will run the risk of the testator’s wishes being disregarded or for their estate to be consumed by costly legal bills.

Today people are focusing on how cheaply they can have their will drawn up rather than paying a reasonable price to have it drafted professionally and obtain the benefits of expert advice concerning the will’s legal implications. High street shops are now offering will drafting packages for as little at £6.99; such cheap options have the potential to be dangerous. Instructing a solicitor to draw up and advise on wills results in a legally sound, regulated, and insured document.

It has been criticised that online and DIY wills lack thorough instructions which can result claims being made under the IPDI 1975. Whilst such packs may include a detailed guide to will-writing, it is questionable how many people read and fully understand the instructions.


Key problems

Since drawing up a will is the first step towards inheritance tax planning, such DIY and online schemes do not make provisions for aspects such as inheritance tax planning, or details such as the importance of specifying the age at which children should receive any money from a will.

There is also an increased chance that someone may have filled out the form under duress, or without the mental capacity required, which could result in the will being declared invalid.

If you own a property as a 'joint tenant', a DIY will is unlikely to be sufficient. This means that your share of the property will go to the other owner regardless of whether you want it to or not since a will cannot sever a joint tenancy. A solicitor would advise changing the ownership to 'tenants in common', so that your share will be set aside for your beneficiary. A DIY or online will service will not provide the same advice.

In view of the above, if not engrossed appropriately and in accordance with the law, a will could be declared invalid resulting in loved ones being forced to pursue or defend a litigious claim. Conversely, a lawyer will keep a record of your wishes and state of mind when drafting your will, all of which can be used as evidence should somebody challenge the contents of the will. Wills have the potential to give rise to claims later on, as such, having a will with ambiguous provisions results in a much higher risk of the estate facing difficulties or being challenged.

Earlier this year it was reported that the number of High Court disputes between family members over inheritance has increased by 62% in two years. There were 368 probate disputes last year, compared to 227 in 2016.

Drafting a DIY will may be acceptable if you have a reasonably simple estate, with few assets. However if the estate is larger with a number of assets that may be given to a range of people, consulting an expert wills and probate solicitor for specialist advice which can be tailored to your specific needs and wishes is strongly advisable.



Author Simi Gupta is a legal executive in the Wills and Probate department at Duncan Lewis Solicitors working under director Caroline Roche. She offers advice and assistance on matters involving Lasting Power of Attorney and inheritance tax as well as various matters pertaining to wills and probate.

Contact Simi directly on 020 3114 1253 or at simig@duncanlewis.com.




Duncan Lewis Wills & Probate Department

Our wills and probate solicitors offer a comprehensive and personal service. As specialists, their expertise includes, drawing up wills, advising on inheritance tax, property law, and international wills. The team offer clear and focused advice, guiding you through the process.

We understand that drawing up a will or administering an estate can be an emotional experience, therefore, our specialist team will make sure that the future of your family is secure and your wishes are carried out.

To instruct a specialist wills and probate solicitor, call 033 3772 0409.