Safer Internet Day takes place on the 11th February and is the UK’s biggest celebration of online safety.
This year, Safer Internet Day will be focusing on the issue of scams online and what people can do to protect themselves.
Online Wills – or “DIY Wills” are on the rise and Hamza Mustafa, Head of Private Client at AFG LAW looks what people can do to protect themselves.
When was the last time you updated your Will – and do you even have a Will? An alarming number of people do not have this most basic – yet crucial – of legal documents.
In our time poor society, a Will may seem to be just another thing on the to-do list and something that you never quite get round to.
Enter the rise in popularity of online Wills. Quick, cheap and convenient, it is hardly surprising that many people are using this as a way to tick the Will box. DIY will packs came into fashion in the past couple of years, offering a cheaper alternative to seeking professional help from a qualified Will writer. Some of these packs start from as little as £6.99 and can be completed within minutes.
A Will is often deemed the most important document you will ever write. It is an essential way of ensuring your assets are distributed and divided how you see fit. If you die without a Will, or with an invalid Will, your wishes may not be followed.
Cyber Crime and Identity Verification
Online Will writers do not meet the client in person and sometimes do not require proof of identity. Therefore, they cannot be fully certain that the client is who they portray themselves to be online. In theory, anyone could be sitting at the computer pretending to be the client.
Online Will writing companies also cannot confirm that the client has sufficient testamentary capacity to sign a Will, or that the client was not under any undue pressure to sign the Will. This leaves the client’s estate wide open to claims that the Will is not valid. A successful claim could cost the estate thousands of pounds in legal fees, result in the estate not passing to the client’s intended beneficiaries and considerable distress to the client’s family and friends.
Solicitors are subject to strict regulations and obliged to conduct all the necessary checks.
Hidden Costs
The main appeal of a digital Will is that it is cheaper than a Will drafted by a solicitor. However, there can sometimes be hefty hidden costs associated with digital Wills. Often online Will writing software automatically appoints the Will writer as the executor. Not only is this unlikely to reflect the client’s wishes, but it also means that the client’s estate will have to pay substantial administration fees when the client dies. Beneficiaries may also be burdened with the cost of dealing with claims against the estate, or mistakes contained in the Will, if it transpires that an online Will is not fit for purpose.
Safeguards
Solicitors are bound by the SRA Standards and Regulations, subject to compulsory training and obliged to have professional indemnity insurance. Furthermore, lawyers are bound to keep up-to-speed on the changes in law. While lawyers have all the necessary safeguards in place, this is what online service providers often lack.
Do not risk it
The risks faced by preparing an online can hugely outweigh the benefits. Though they can be quick and cheap, a poorly drafted Will can lead to undesirable tax consequences or litigation.
At best some of the gifts in the Will might not take effect, however, at worst the will might not be
If it sounds too good to be true, it probably is
The main problem with online Wills is that when they go wrong, they tend to go horribly (and expensively!) wrong. Usually, by the time the critical mistakes that an online Will contains are noticed, the testator has already passed away leaving the heirs to deal with the unfortunate consequences of the improperly drafted document.
For these reasons, during these unprecedented times, clients should ensure that their Wills are prepared, kept under review and amended by qualified lawyers with expertise in Wills and estate planning.
However, even if clients have put in place an online Will, we would strongly urge that contact specialists for advice and assistance to get their documents checked as soon as possible.