5 Dangers of Getting a DIY Will
A Will is an official legal document that outlines exactly what will happen to your money, property, assets, possessions and even children once you have died. A Will that is clearly written by an individual with legal training protects your Will from contestation, misinterpretation and invalidity.
However, in the interest of saving money, some people are pursuing the avenue of a DIY Will. This is where an untrained person either drafts their own Will or gets help from another untrained person, all without the input of a legal professional. While these documents can be legally binding if they adhere to certain criteria, they come with significant risks for you and your beneficiaries.
In this article, we will explore the dangers of DIY Wills and highlight why it is important to involve a solicitor in the process to ensure your document is robust and legally binding.
What is a DIY Will?
A DIY Will is one that is drafted without the assistance of a trained legal professional. It may be drafted by yourself, a family member, a friend or using an online service or template. DIY Wills have become concerningly popular in recent years as a money-saving option, and often without users fully understanding the severe implications of this practice.
But is a DIY Will legal? In theory, if the Will is witnessed and signed by two independent adults who are not themselves beneficiaries, the Will should be legally binding. But legally binding does not mean valid or clearly understood and it is these factors where the danger of DIY Wills lie.
5 dangers of getting a DIY Will
While the reasons behind getting a DIY or cheap Will can be understood, if there was ever a time not to sacrifice quality for the sake of saving money, it is the creation of your Will. Here are a few reasons why getting a DIY Will is unwise:
- The contents are too important to risk being misconstrued: Wills outline everything from the distribution of property and assets all the way to selecting the people you want to take care of minor children after your passing. In other words, Wills majorly impact the lives of your family, friends and descendants. One section of unclear wording or something overlooked due to a lack of legal training can therefore have serious consequences after your death that might not be rectified.
- A single ambiguity can open a Will up to contestation: A misspelt or incorrect word, or wording that is not completely clear, can result in your Will being contested by people who seek a portion of your assets when that is not your wish. A Will drafted by a legal professional will stand up to scrutiny and has a significantly smaller chance of being challenged. That’s because a lawyer has been trained to understand the nuances of legal clauses, understand how to phrase wording in a particular way, and ensure that the overall meaning is clear and binding.
- Using templates can result in errors: Some people who write DIY Wills, whether that’s yourself or a third party, may use templates found online and input personalised text into this template. However, due to delicate phrasing, this ‘copy and paste’ approach can actually ruin the meaning of the wording.
- Your Will is more likely to be invalid: Certain legal criteria need to be met for a Will to be valid in court. However, if you are attempting it yourself it is far easier to fall into legal pitfalls and unknowingly create an invalid Will. This may cause a big fallout after your death and could harm the outcome of the Will or mean that it cannot be followed at all.
- Lack of understanding: Simply put, if you are not legally trained, no amount of Googling can ensure your Will is solid, detailed and worded correctly and legally to ensure that everything you want to happen after your death definitely will happen. For example, do you have a deep enough understanding of executors, trustees, witnesses, gifts and legacies, guardianship and beneficiaries to draft a Will that will play out exactly as you wish? If you have the slightest bit of doubt, then you should not take any risks.
You’re now aware of the dangers of a DIY Will — so who should be writing your Will?
Who should write your Will?
It is highly advisable to have a solicitor draft your Will to bypass all legal pitfalls. This will keep you safe and secure in the knowledge that your Will is going to be a helpful, easily understood and a valid document for the future.
BRM is here to bring you peace of mind from knowing your affairs are secure and legally sound, taking the weight off planning your future. Our lawyers have worked across Derbyshire and South Yorkshire for many years, helping thousands of people ensure their family will be provided for and their wishes known. With a personal, attentive service that puts you first, we make it easy to draw up your Will, so simply get in touch with our experts for more information.
