Making a Will is one of the most important steps you can take to protect your family, assets, and wishes after your death. DIY Wills are becoming an increasingly popular alternative to using a solicitor to draft a Will across England and Wales. Online templates and low-cost options make it tempting to prepare a Will without professional advice. Although DIY Wills can be convenient, they are not always appropriate and can carry significant risks if not prepared correctly.
AFG Law explains whether DIY Wills are legal, when they may be suitable, and when contacting a solicitor is likely to be the safer and more effective option.
What is a DIY Will?
A DIY Will is a Will prepared without advice from a solicitor. This may involve using a printed Will pack, a downloadable template, or an online will writing service. Some providers claim to offer free Wills, although these are often limited in scope or supported by additional charges.
DIY Wills are typically designed for very straightforward estates and may not reflect individual family or financial circumstances.
Are DIY Wills legally valid and legally binding?
DIY Wills can be legally valid and legally binding if they comply with strict legal requirements.
To be valid, a Will must be made by someone aged 18 or over, acting voluntarily and of sound mind. It must be in writing and signed and witnessed correctly. The signing must take place in the presence of two witnesses, both of whom must be independent and not beneficiaries under the Will.
If these formalities are not followed precisely, the Will may be invalid, regardless of the person’s intentions.
What happens if a DIY Will is invalid?
If a DIY Will is found to be invalid, the estate may be distributed under the intestacy rules. This is known as dying intestate.
Intestacy rules apply automatically and may not reflect your wishes. Unmarried partners, stepchildren, and certain family members may receive nothing, even if you intended to provide for them. This can lead to distress, delays, and disputes at an already difficult time.
Are DIY Wills a good idea?
In some limited circumstances, a DIY Will may be a good idea. For example, if you are married or in a civil partnership, have no children from previous relationships, and simply wish to leave your money property and possessions to your spouse or civil partner, a basic Will may be sufficient.
However, even in apparently simple situations, errors in drafting or execution can have serious consequences. Many problems only come to light after death, when they cannot be corrected.
What are the risks of DIY Wills?
DIY Wills often fail because they do not reflect real-life complexity. Common issues include unclear wording when attempting to leave a gift, failing to revoke previous Wills, or accidentally invalidating gifts by using a beneficiary as a witness.
DIY Wills also frequently overlook guardianship arrangements and parental responsibility, which is particularly important for parents of young children. In addition, assets may be incorrectly described or omitted altogether.
Do DIY Wills properly address Inheritance Tax?
Most DIY Wills provide little or no guidance on inheritance tax. Without proper planning, beneficiaries may face unnecessary tax liabilities that could otherwise have been reduced or avoided.
A solicitor can advise on inheritance tax allowances, exemptions, and estate planning options tailored to your circumstances. DIY solutions rarely provide this advice.
Are online Will writing services safer than DIY templates?
An online will writing service may appear more sophisticated than a basic template, but many providers are not regulated by the Solicitors Regulation Authority (SRA).
This means they are not subject to the same professional standards, consumer protections, or insurance requirements as solicitors. If something goes wrong, there may be limited recourse for your estate or beneficiaries.
When is it advisable to use a solicitor?
Speaking to a solicitor is strongly recommended if your circumstances are anything other than very simple. This includes situations where you are unmarried or cohabiting, have children from more than one relationship, wish to provide for stepchildren, or own property or business interests.
Legal advice is also important if you wish to appoint guardians, deal with parental responsibility, exclude someone from your Will, or have concerns about inheritance tax.
Why use a solicitor to draft your Will?
A solicitor does more than draft a document. They provide tailored advice to ensure your Will reflects your wishes and is robust enough to withstand challenge.
Solicitors are regulated by the Solicitors Regulation Authority (SRA) and can help reduce the risk of disputes, protect vulnerable beneficiaries, and ensure your Will is properly executed and securely stored. This reassurance can be invaluable for those you leave behind.
Speak to a solicitor about your Will
DIY Wills can be legally binding, but they are not suitable for everyone. For many people, professional advice provides clarity, protection, and peace of mind.
The private client team at AFG Law can advise on making or updating a Will that reflects your personal circumstances and safeguards your family’s future.
Contact AFG Law today to arrange a confidential discussion. We can be contacted via email at PrivateClientDept@afglaw.co.uk or via phone call at 01204920102.
AFG Law have multiple offices with specialist Will writing solicitors in Manchester, including Bolton and Bury. We can also assist clients with their Will and Probate needs remotely.