The tale of a homemade will

Morrish SolicitorsElderly Client, Site NewsLeave a Comment

DIY Will packs are on sale in your local stationers – £6.00 seems like a bargain – better than £100 that the solicitors are charging and then there is VAT on top of it.  SIMPLE – the instructions will be clear surely? EASY – and it is a legally valid Will surely? – PERFECT just what is needed?

Any problems will not be evident until after your death, when your Will is found and read.  Then it becomes clear, the Will leaving all of your worldly items was written in perfect English and all the names and addresses are correct BUT:

  1. The Will was not signed – making it INVALID.
  2. The Will was not witnessed by two witnesses in the correct manner – makin it INVALID.
  3. The Will was witnessed by a beneficiary – VALID but a very disappointed beneficiary as they cannot receive their entitlement under the Will.
  4. Omission of a beneficiary who expected to inherit – there may be a CHALLENGE
  5. No provision for minor children (or adult children) – there may be a CHALLENGE

These are a few of the situations we as solicitors are presented with when home made Wills are brought into the office.  We are then required to break the bad news with regard to the consequences of the errors, omissions, invalidity and the cost to try and solve these problems.

At times there may not be a solution and the desired beneficiary under the defective Will simply won’t be able to pursue any course of action.

The moral of the story is £100 plus VAT is a cheap way to:

  1. Have peace of mind for the future
  2. Ask all necessary questions in relation to the preparation of your Will
  3. Receive advice from a qualified solicitor with regard to any future complications which may arise as a consequence of your instructions.
  4. Have a VALID Will.

If you would like further information with regards to making a Will, please contact Charlotte Bandawe on 033 3344 9600.

 

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