We all want life to be easy and choose the uncomplicated when it comes to important decisions. With things like online shopping and contactless payments, you can see why it’s tempting to think you can write your own Will using a kit from Amazon or the Post Office.
But when it comes to something as important as passing on your estate - getting it wrong can be costly, and can be confusing and emotionally devastating for your loved ones.
At Coles Miller, our specialists regularly help families untangle issues caused by DIY Wills that weren’t legally valid or didn’t properly reflect the deceased’s wishes.
So why are these Will kits such a bad idea? Here’s why we strongly advise against drafting your own Will - and how we can help you get it right.
Your Will might be invalid
One of the biggest risks is that a DIY Will may not meet legal requirements. If it's not signed and witnessed properly, it could be declared invalid which means you’re treated as if you never had a Will at all (known as dying intestate). This is as if you die without a Will. Read more here.
This means:
- The law decides who inherits - not you.
- Unintended family members may benefit.
- Your loved ones may be left with nothing.
- Your estate could face lengthy court delays
Many shop-bought or downloadable Will templates lack essential legal clauses that make your Will enforceable and accurate. These clauses might include:
- Proper definitions of beneficiaries and gifts.
- Contingency plans if a beneficiary dies before you.
- Directions about inheritance tax, debts or funeral wishes.
- Correct appointment of executors and guardians.
Without these elements, your estate may not be distributed according to your intentions - or worse, the Will may be legally unclear or invalid.
Unclear or ambiguous intentions
DIY Wills often use general or imprecise language. This can lead to confusion over who exactly should inherit, what should happen to specific possessions, and how jointly owned property should be treated. It can also result in conflicting or overlapping instructions.
Ambiguity often results in family disputes, legal challenges, or the courts having to interpret your Will - all of which delay administration and increase costs.
It may not be legally binding
For a Will to be legally binding, it must be all these things:
- Made by someone aged 18 or over.
- Made voluntarily and without pressure.
- Made by someone of sound mind.
- Signed in the presence of two witnesses.
- Independently witnessed correctly by two people, who must also sign it.
DIY Will users frequently make mistakes in the signing and witnessing process, which can invalidate the entire Will. This may mean, again - you die intestate, and your estate is distributed according to rigid intestacy rules - which are not your wishes.
No consideration for complex family circumstances
Modern families are often blended or have more complicated structures. DIY Wills rarely cover situations such as second marriages and children from previous relationships, estranged family members, vulnerable or disabled beneficiaries or business or overseas assets.
These Wills often fail to anticipate future disputes or offer strategies like discretionary trusts, which can protect your legacy and ensure fairness.
No Inheritance tax planning
A properly drafted Will is also a powerful financial planning tool.
At Coles Miller, our specialists can advise you on:
- Minimising inheritance tax liability.
- Making tax-efficient gifts.
- Setting up trusts to delay or control access to inheritance.
- Taking advantage of spousal exemptions or charitable donations.
DIY Wills offer no tailored advice - leaving families open to unexpected tax bills.
Probate and Administration Difficulties
Even if your Will is valid, poorly worded documents can cause serious complications during probate. This might lead to lengthy delays in settling the estate, Executors being unsure of their duties, and beneficiaries disputing the Will’s meaning. This may result in the need for court intervention.
Solicitor-drafted Wills help executors administer the estate more easily and reduce the risk of legal proceedings.
How Coles Miller can help
When you choose Coles Miller to write your Will, you benefit from services such as:
- Expert legal guidance tailored to your circumstances.
- Advice on inheritance tax, care costs, and trusts.
- Peace of mind that your Will is legally valid and enforceable.
- Secure storage of your Will at no extra cost.
- Updates when your circumstances change, such as marriage, divorce, or the birth of a child.
We also add the personal touch - at Coles Miller we build a trusted relationship with our clients, so they feel completely at ease when deciding on a very sensitive subject.
A DIY Will may cost more in the long run
While DIY Will kits may appear cost-effective, the risk of making mistakes is significant and the consequences can be devastating for your loved ones. Sorting out the aftermath of an invalid or unclear Will can result in legal fees, stress, and family conflict. Don't take that risk.
Talk to the experts at Coles Miller
We’re here to help you protect your wishes and your family’s future. Contact our experienced Private Client team today to book a consultation and get started on your professionally written Will. Click here to find out about our Wills and Probate department.
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