The Danger of DIY Wills

DIY wills are on the rise, but they are potentially very dangerous for you and your estate. A will is often deemed the most important document you will ever write. It is an essential way of ensuring your savings and assets are distributed and divided how you see fit when you pass away. If you die without a will, or with an invalid will, your wishes will not be followed - including how money, property and other assets are distributed.

Despite this, many people still fail to prepare a proper will. This is often down to the costs, as seeking professional help from a solicitor is more expensive. DIY will packs have come 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.

However, these DIY will packs are often too good to be true. Anyone who writes a will in this way is taking a huge risk with their assets, with their final wishes potentially being disregarded due to issues and mistakes within the DIY will. While estate planning services from a solicitor may be more expensive when writing a new will, they are the only way to be sure you have created a legally binding, valid will that stands up to scrutiny.

Off-the-shelf wills may seem attractive to anyone who wishes to save a couple of hundred pounds, but if the will has errors, or it has not followed the strict witnessing rules, it could be deemed invalid. This could potentially cost thousands of pounds, losing any initial saving. Further, this can mean that a previous will comes into force, or that your children, friends and other family members do not receive the gifts you intend.

The rise of the DIY will

The rise of the DIY will has been felt over the past couple of years. With technology now smarter and more embedded in our lives than ever, people are purchasing wills from online sellers with poor reputations.

The effect has been felt within the High Court, with inheritance disputes increasing by an incredible 62% over the last two years. In 2019, there were 368 probate disputes, compared to 227 in 2016.

Figures show that poorly drafted and ineffective DIY wills are also to blame for prolonged probate ordeals outside of court, for up to 38,000 families every year.

This is particularly worrying as, very often, up to 10% of the estate value is eaten up by costly legal fees as a result of an ineffective will. With the average estate in the UK equalling £160,000, this could equate to as much as £16,000-worth of probate fees. The savings of DIY wills does not sound so lucrative in light of these potential legal difficulties.

So what exactly are the reasons for these inheritance disputes? Why are DIY wills so troublesome?

The problems with DIY Wills

All of the DIY will services differ in terms of what they offer, but there are common potential issues, and sometimes glaring concerns, that make their pitfalls clear.

In certain will-writing packs, including one offered by Amazon, there is no mention of the need to appoint a “substitute beneficiary”. This means if the person you want to inherit your estate dies before you, the will could be rendered ineffective. Even when will-writing services offer thorough options, it is best to work with a solicitor who can help you to consider all of the potential outcomes and create a will that best fulfils your intentions.

In addition to this, there is no mention of Inheritance Tax implications, or any reference to what age you would like your children to receive any money or assets. This means that even if the document is legally valid, it could have unintended consequences for your loved ones.

Many DIY wills can be deemed invalid if beneficiaries’ names are not spelled out correctly, in full, with a full, up-to-date address. Similarly, there may be problems in appointing executors if names are misspelled. Without the input of a professional, will writers are at higher risk of these kinds of mistakes.

One of the biggest issues with DIY wills, however, is in relation to the witnesses. In order for a will to be valid it must have been signed in the presence of two witnesses who:

• Are UK citizens, 18 and over
• Are not named as beneficiaries in the will, or married to someone who is

These two adult witnesses must be physically present at the time of signing the will - otherwise it will be deemed void. With DIY wills, you are often capable of signing the will in the comfort of your own home, without a proper witness. While video signing is now allowed in some cases, it can be hard to meet this requirement under the law without support from a solicitor.

This raises another issue, where someone who wishes to contest the will may suspect the will was filled out and signed by someone without mental capacity, or under duress. It can be hard for beneficiaries to prove that you were of sound mind and met the mental capacity requirements without a statement from a professional who was involved in writing the will.

In addition, with the DIY will service there are often hidden costs. For many services, there are annual storage fees and retrieval fees, which could potentially run in the hundreds of pounds. This would make using a solicitor cheaper in the long-run.

How Percy Hughes & Roberts can help

Our solicitors have experienced more and more websites offering services to write your own will over the last ten years. While these services may seem convenient and cost-effective, it is very easy to make a mistake if you do not seek professional advice. Sadly, such mistakes often mean that your family and friends face potential long and expensive legal battles once you have passed away.

A will is a legally binding document and must be prepared carefully - otherwise, the consequences can be damaging to your family members and friends. What is worse is that you will no longer be able to correct these errors or clarify your intentions after you pass away.

At Percy Hughes & Roberts, our Wills, Trusts & Probate department has offered a thorough, professional and personal service to people in the Wirral, Merseyside and the wider North West for over 100 years. Our specialised team will help you to plan for the future, to ensure that there are no shocks for your loved ones, and help you to consider all of the potential consequences of your decisions to make sure the will meets all of your needs.

Our wills, trusts and probate solicitors have a wealth of experience in helping people through what can be a difficult time, dealing with estate and trust property and complex estates.