The hidden risks of DIY wills and the true cost of getting them wrong

It’s easy to see why DIY wills and online will-writing services are so popular.

A quick online search brings up dozens of options promising a simple will in minutes, often for a fraction of the cost of taking professional advice. On the surface, it can feel like a sensible way to save money.

The problem is that what looks straightforward often isn’t.

According to Loren McDermott, Partner and Accredited Lifetime Lawyer here at Hamers Solicitors, the consequences of a poorly drafted will often only become apparent after someone has died, when it is far too late to put things right.

That’s when families can find themselves dealing with disputes, delays and costs that far exceed the money saved in the first place.

When a will isn’t actually valid

One of the biggest risks with DIY wills is that they may not be legally valid.

Common problems include using a beneficiary or their spouse as a witness, failing to sign the document correctly, making amendments after it has been signed, or relying on templates that don’t properly reflect the law.

If a will is found to be invalid, the estate may be distributed under the rules of intestacy instead of following the deceased’s wishes.

That can create serious problems, particularly for unmarried couples, stepchildren or families where relationships have changed over time.

“As Lifetime Lawyers, we regularly see situations where people believed they had put their affairs in order, only for problems to emerge later because the will was not properly prepared,” said Loren.

A few unclear words can cause major problems

A professionally drafted will is about much more than recording who gets what.

The wording needs to be precise.

Terms such as “my savings”, “my possessions” or “divide everything equally” can sound clear enough when they’re written down. The difficulty comes later when family members try to work out exactly what those words mean.

Does “savings” include investments? What about Premium Bonds or joint accounts?

Uncertainty over a few words can lead to disagreements that could easily have been avoided through careful drafting and professional advice.

Modern families need more than a template

Family life is often far more complex than a standard online template allows for.

Many people have children from previous relationships, are living with a partner without being married, have vulnerable beneficiaries, or want to make sure assets eventually pass to the next generation.

A simple instruction to leave everything to a spouse may not achieve what was intended. In some circumstances it can unintentionally leave children from an earlier relationship with little or no inheritance.

Unmarried couples can face particular difficulties. Many people still believe that living together gives them the same inheritance rights as a married couple or civil partner. In reality, that is not the case.

A properly drafted will can help avoid uncertainty and provide protections that a generic online template may not address.

Most estates are no longer straightforward

Many DIY will services are built around the idea of a simple estate.

The reality is that simple estates are becoming increasingly rare.

Property ownership, pensions, business interests, digital assets, foreign property and inheritance tax considerations can all affect how a will should be drafted.

Trusts may also be needed to protect assets or support vulnerable beneficiaries.

These are issues that cannot always be covered by answering a handful of online questions.

Looking at the real cost

People often compare the cost of a DIY will with the fee charged by a solicitor.

A better comparison is the cost of preparing a will properly versus the potential cost of sorting out problems later.

“The financial consequences can be significant, but it is often the emotional impact that families remember most,” said Loren.

“Delays, uncertainty and disagreements can place enormous strain on loved ones at an already difficult time.”

For most people, a will is one of the most important legal documents they will ever sign. Taking professional advice helps ensure wishes are properly recorded and can provide families with clarity and reassurance when they need it most.

Don’t take chances with a DIY Will. Speak to a member of our Wills and Probate team and get it done properly. Call us on 01482 326666.

*This article is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.