Write Your Own Will, Or Leave It To The Experts?
There are generally two main reasons why people are reluctant to write a will: they don’t like being forced to face their own mortality; and they think it will cost too much. Those who get over the first difficulty may still be reluctant to pay a solicitor, and may opt instead to write their own will.
However, there are pitfalls that the unwary can fall into. Even if you take the time to brush up on the laws governing wills you may still inadvertently do something to invalidate the will. Then, rather than save money you may end up costing your intended beneficiaries dearly. Of course, you won’t be around to worry about it, but your grieving relatives may wonder why you didn’t think enough of them to simply get it right.
A quick search on any of the major Internet search engines for how to write your own will reveals a dizzying array of results. The advice offered ranges from the very professional and good to the highly dubious. Furthermore, it’s not always easy to tell which is which. The statistics say that around 20% of those who have a will have written their own. This means that the majority of people still go to a solicitor, but a significant number do not.
Your will must be in written form. An audio or video recording that states your wishes, however professional it may be, is not sufficient and does not constitute a valid will. It can be used in conjunction with a will if you choose, but the only legal way that a will can be prepared is in writing.
Your written or printed will must be legible. If no one can read it, or if there is a dispute about what is written, then your wishes may not be carried out as you intended. Even if the words can be read clearly there should be no ambiguity that could be misinterpreted. Every statement should be clear and unequivocal. Disputes over wills arise most often when something can be interpreted in different ways.
A will can be written on any material that will allow permanent marking. That includes the possibility of having yours carved in stone, but it is always best to keep things simple. Getting fancy just because you can usually lets problems creep in.
It is important to choose your witnesses carefully. It is common, for example, for a person writing their own will to have a spouse as one of the witnesses. This is perfectly legal. However, the laws governing wills state that the witnesses of a will, as well as their husbands, wives or civil partners, cannot inherit from the will.
When a solicitor is used to help with writing a will all the pitfalls melt away. The solicitor is there to advise and assist you. They can take the will you have written and tell you what needs changing, if anything, and what should be included or left out. A solicitor will also keep the original will safe for you.
You should also register your will with a reputable registry. You can write your own will, but leaving it to the expert is usually best.
Resources:
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029800
http://www.certainty.co.uk/making-a-will