Homemade Wills, what could wrong?
Wills are quite possibly one of the most important documents you could prepare in your lifetime as they will be used to determine where your assets will pass after your die. They can also be used to set out who will deal with your estate, to make provision for any young children you might leave behind, and to protect your assets against the possibility of your spouse remarrying.
Given that a Will is such important document, it is imperative that legal advice is taken to ensure that it meets your needs, and that it is valid.
Homemade Wills - Downloading a template
Unfortunately, it is possible to download a ‘template’ to make your own Will at home, which people quite often do. However, this comes with incredible risks and we often find that the testator has not properly completed the template, they’ve used obscure wording that doesn’t properly dispose of their estate, or that the Will hasn’t been signed correctly.
This can cause a whole host of problems resulting in the testator’s estate not being distributed how they would have wanted it to be.
Homemade Wills - Signing the Will
There are also strict rules as to how a Will should be signed, and if these rules are not followed, then the Will won’t be valid. If this is the case, then the Intestacy Rules, or a previous Will, may apply instead.
Section 9 of the Wills Act 1837 states that a Will must:
- be in writing;
- be signed by the testator (the person making the Will) or signed on behalf of the testator in his presence and by his direction; and
- That the testator’s signature (or acknowledgement) must be made in the presence of two witnesses, present at the same time.
If there is any ambiguity as to whether all these conditions have been satisfied then questions will be raised as to whether the Will is valid or not.
The benefits of a professional drafted Will
A professionally drafted Will contains a specific clause that explicitly confirms that the Will has been executed in accordance with s9 of the Wills Act 1837. Further, if you are deaf, blind or illiterate then there are steps that professionals can take to ensure that no ambiguity arises.
Quite often a falling out with a family member prompts someone to update or prepare their Will, with a sense of urgency which might lead someone to attempt a ‘homemade’ Will, rather than a professionally prepared Will. Again, this comes with risks as no legal advice will have been taken about the possibility of this family member making a claim against the estate, and it is probable that no additional measures to try to mitigate the success of any claim will have been taken. If a claim is then made, then this can be very upsetting for those left behind, and it will delay the proper administration of your estate as well as increasing the costs.
It is essential that proper legal advice is taken when you come to prepare or update your Will.
How Can Timms Help?
To help ensure such problems do not arise with your homemade Will contact the team on freephone 0800 011 6666 or email legal@timms-law.com
