Can I write my own will? What are the risks involved? 

Many people consider writing a Will as unnecessary or something that is reserved for the wealthy or elderly, but the fact is that everyone should have a Will. 

No matter your personal circumstances, a Will makes your wishes clear and helps divide anything you leave behind after your death in the way you intend. So, can you write your own Will? the answer is yes you can, however a Will is a legal document and simply writing down your wishes is not enough to make it a legally binding document, a Will must conform to legal certain standards. 

Writing your own Will in the UK can be a cost-effective option, but it’s essential to understand that there are many potential risks involved. Whilst it is possible to create a legally valid document without the help of a Solicitor, writing a Will yourself means you may open yourself up to legal errors you might not be familiar with and render the Will invalid. 

Questions of legal validity 

One of the major risks of a DIY Will is the potential for the document to be deemed invalid in terms of the country you reside in. In Scotland, Wills must meet specific legal requirements to be considered legally binding which may differ to England, Wales and Northern Ireland. If you fail to adhere to these requirements, such as making sure there is proper execution and witnessing, then it can result in the Will being challenged or deemed invalid by the Court system.

 Complexity of Estates 

A Will you have written yourself may not adequately address complex family situations or diverse asset portfolios. If you have multiple beneficiaries, blended families, or significant assets, a DIY Will may not accurately reflect your intentions or adequately provide for your loved ones. 

Lack of legal advice 

Writing your own Will means you won’t have the benefit of legal advice from a Solicitor who can provide guidance on Estate planning strategies, tax implications, and potential challenges to the Will’s validity. Without this expertise, you may overlook important considerations or fail to address potential pitfalls. 

Disputes and challenges 

DIY Wills are more susceptible to disputes and challenges from disgruntled beneficiaries or family members. If there are ambiguities or inconsistencies to the Will, this can lead to disagreements and costly legal battles.  Seeking professional advice can help minimise the risk of disputes and ensure your wishes are clearly articulated.  

Changes in Circumstances 

Life can be unpredictable and your circumstances may change after you’ve written your Will. It is important to regularly review and update your Will as it can easily become outdated and no longer reflect your current wishes. A Solicitor can help you periodically review and amend your Will to account for changes in your family, finances, or personal circumstances. 

Inadequate asset protection 

DIY Wills are unlikely to include provisions for asset protection or tax planning strategies. A Solicitor can help you structure your Estate in a way that minimises tax liabilities and protects your assets from potential creditors or legal challenges. 

DIY mistakes 

DIY Wills are more prone to mistakes such as typographical errors, incorrect wording, or omissions. Even seemingly minor errors can have significant consequences and may result in your Will being contested or invalidated.  

While writing your own Will could save you money upfront, it’s essential to recognise that there are many potential pitfalls. DIY Wills are more prone to errors and omissions, which can lead to disputes and complications down the line. Without the guidance of a legal professional, you may overlook important details or fail to comply with laws, resulting in an invalid Will. 

Whilst it is possible to write your own Will, it is not a decision to be taken lightly. DIY Wills can be a cost-effective option for people with simple Estates but they do carry risks and limitations. To be sure you have created a legally valid document that reflects your wishes it is always best to consult a legal professional.