You do not need a solicitor to make a valid will. A will made at a kitchen table on a template from a stationer’s is perfectly capable of being legally binding.
The difficulty is that a will is the only important document you will ever sign that cannot be queried with you afterwards. Every mistake in it is discovered at the worst possible moment, by the people you were trying to protect, and fixing it costs far more than getting it right would have.
Where home-made wills go wrong
Signing and witnessing.A will in England and Wales must be signed by you in the presence of two witnesses, who then sign in your presence. Get this wrong and the will is invalid — the estate passes under the intestacy rules instead. The most common error is fatal and entirely avoidable: a witness (or their spouse or civil partner) cannot benefit under the will. They stay a valid witness, but their gift fails. People routinely ask the neighbour who is also a beneficiary.
Ambiguous wording. “My property” — which one? “My savings” — the current account too? “To be divided between my children equally” — what happens if one dies before you, do their children take that share? Courts spend a great deal of time interpreting sentences that seemed obvious to the person who wrote them.
Gifts that no longer exist. If you leave “my car registration ABC 123” and later change cars, the gift fails. The beneficiary receives nothing, which is rarely what was intended.
Forgetting what a will does not cover.A will does not deal with jointly owned property held as joint tenants — it passes automatically to the survivor. It does not usually cover pension death benefits, which are dealt with by the scheme’s trustees, or life policies written in trust. A will that “leaves everything equally between my three children” may in practice distribute very little.
Missing people who can claim.A spouse, former spouse, child, cohabitee of two years or someone you were maintaining can apply under the Inheritance (Provision for Family and Dependants) Act 1975 if the will does not make reasonable provision for them. Deliberately excluding someone is possible, but needs to be done in a way that stands up.
Marriage and divorce.Marriage or entering a civil partnership revokes an existing will unless it was made in contemplation of that marriage. Many people are unaware their careful will was cancelled by their wedding.
When advice is particularly worth it
If you own a business, have children from a previous relationship, own property abroad, have a beneficiary who is vulnerable or receives means-tested benefits, are not married to your partner, or your estate may face inheritance tax — the cost of advice is small next to the cost of getting it wrong.
Talk to us
Our private client team can prepare a will, review one you already have, and store it safely. Call 0151 422 0982.