Date published: 19th November 2024

Will writing is a complicated process, plagued with many traps and pitfalls. Self-made Wills drafted without involving a solicitor or legal expert may result in your wishes not being fulfilled and could prove costly in the long run.

Using a solicitor to draft your Will is not as expensive as you may think and ensures peace of mind that your loved ones will be provided for when you’re no longer here.

Anne Forrester, Legal Executive in our Wills, Trusts and Probate team recently received a cold call from a company offering a ‘comprehensive homemade will writing service’. The caller was unaware of Anne’s profession or legal expertise.

Anne documented her experience and assessed the cost of their services, saying:

The phone call lasted around thirty minutes, we went through my details and discussed my assets, I was quoted well over £2500 for my Will, which is extremely expensive.

"This is a lot of money to hand over for a homemade Will, which are notorious for their frequent errors, lack of clarity, and potential legal challenges.

"At Jackson Lees, the fee for my Will would start at approximately £300 + VAT, with the cost only increasing for additional services.

"Under most circumstances, we can offer to have most Wills prepared at a fixed fee so you know from the outset what your bill will be. We also don’t charge any additional fees for storing your original Will.”

Will writing is not a regulated industry, and whilst there is no legal obligation to have a solicitor draft your Will, there are many issues that can arise when doing it yourself.

Administrative Problems

We often see Wills that have missed important details during the drafting and administrative process, such as it not being signed or witnessed, being witnessed incorrectly or failing to appoint executors. These all cause a Will to be invalid. 

Multiple Beneficiaries

Anyone who is due to receive an inheritance from your Will is known as a beneficiary. Sometimes, wording in self-made Wills can be contradictory regarding beneficiaries.

A common example is when the testator declares that their entire estate should be left to one beneficiary but adds a clause to state that one asset should be left to somebody else. The second clause is invalid as everything was already left to the first beneficiary.

AI-Generated Wills

The use of AI to generate Wills has become more common. AI technology is still experimental and can be unreliable.

Relying on an AI service for your Will may result in contradictory statements or unclear intentions, causing difficulties for your loved ones and risking your wishes not being met.

Forgetting Assets

A lawyer will thoroughly check what assets you have and make sure everything is included in the Will. People often overlook smaller assets that don’t immediately come to mind during the drafting process.

Any assets not included in the Will can result in a ‘partial intestacy’, meaning they are automatically awarded to specific people rather than other beneficiaries in your Will.

We can help you

Your Will is an important document that is there to ensure your wishes are met and should be carefully drafted and regularly updated. Getting a professional to draft your will provides peace of mind, knowing your intentions are clearly and accurately documented.

Our Wills, Trusts and Probate department can guide you through the process in the most effective and efficient manner. They take the time to listen to all the circumstances of your case before suggesting the best solution. Call us on 0151 909 4389 or make an enquiry to speak to a specialist.