
Do you need a solicitor to prepare your will?
Earlier this month, you may have seen in the news that Max George from The Wanted wrote his Will on his phone from his hospital bed whilst he was waiting for surgery.
This has led to the question of whether what he deemed as his “Will” would have been legally binding, the answer is that it is unlikely to have been legally binding.
Under the Wills Act of 1837, the Will must meet certain requirements to me valid, these are set out below. A Will must be
• Written in writing
• Signed by the testator (the person making the Will)
• Witnessed by at least two individuals (it is very important that these witnesses are not beneficiaries of the Will)
The above formalities ensure that the document accurately represents the testator’s intentions and helps prevent fraud or coercion.
Digital signatures and electronic documents are becoming more frequent in other legal areas, however a Will needs to be physically signed in the presence of two witnesses.
This means that a document written solely on your phone, without proper signatures and independent witnesses, are unlikely to meet these standards.
In Max’s situation, his phone “Will” would not have been valid and if he passed away, the rules of intestacy would have applied meaning that his partner would have missed out on any inheritance under the rules of intestacy.
It is vital that Max reviews his situation and ensures that he has in place a valid Will.
Now, the question of whether or not you need a solicitor to write your will.
Despite a Will being one of the most important legal documents, you do not need a solicitor to make a will for it to be legally binding.
You can write it yourself by hand or typed ensuring you meet the requirements of the Wills Act 1837 above, and there are unregulated businesses offering will-writing services.
However, before you choose one of these options, it’s worth considering why you are making a will in the first place. You want to protect our loved ones you have left behind and ensure that your wishes are respected after you have pass away.
Writing a Will can become complex, in theory it may be straightforward but when you begin drafting you realise it was not as straightforward as you first thought and this is a large hurdle for many, you hear many stories where clients continue to delay putting in place their will.
It is also important to note that you are free to leave your estate to whomever you wish, but there are expectations for certain beneficiaries and a solicitor can advise you on this.
What are the Benefits of having a Will written by a firm of Solicitors
Advice
A solicitor will give you tailored advice based on your personal circumstances ensuring your Will clearly sets out your wishes. For example, if you have a vulnerable beneficiary the solicitor can go through the options you have to benefit the beneficiary in the best way.
Complexity
Your estate may be complex as it may involve business assets, trusts and even overseas assets. Solicitors can advise you on this and assist with drafting a will which best suits your needs.
Solicitors can also advise you on how best to deal with any vulnerable beneficiaries and this is something your standard DIY Will is unlikely to cover.
There are other points to consider such as inheritance tax planning, a solicitor can advise you on this.
Inheritance Tax Planning
A Solicitor can help structure your estate in the most tax-efficient manner. They can help with potentially reducing the inheritance tax (IHT) burden. This is something a DIY will or a will drafted by yourself is unlikely to consider.
Avoiding Mistakes
When writing your will, it is extremely important that it is clear and is uses the correct language to avoid any ambiguity which can lead to your unintended outcomes such as potential beneficiaries being left out or assets not being clearly defined meaning they are left to the wrong beneficiary.
A solicitor can help you avoid these mistakes and ensure your estate is distributed as you intended.
Challenges
When a Will is written by a Solicitor, the Solicitor will meet with you, there will be a clear record of the instructions and mental capacity at the time of instruction.
This means that if the Will is challenged on the ground of capacity in a dispute which arises, there is a clear record from the time of the meeting which sets out the intentions and capacity of the testator.
Regulation
Solicitors are regulated by the Solicitors Regulation Authority (SRA), the regulator’s role is to ensure consistency. A law firm is fully regulated by the SRA and insured providing clients with security.
If you did your Will with someone who is unregulated, and there ends up being a mistake in the will, or you find out they have closed down or go out of business, there is no guarantee the estate will be compensated.
With a law firm, they are regulated and have an insurance policy in place if any issue arises.
If you would like to discuss anything mentioned in the article above, or another aspect of private client work, please reach out to our Private Client team by filling out an enquiry form on our contact page.
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
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