Making a Will? Don’t be tempted to DIY

Many of our clients are wishing to discuss their Wills at the moment, for reasons which are understandable.  Adults in Scotland with any form of Will at all are still in the minority but we understand out of those who do as many as 1 in 10 people have some sort of homemade Will.  Often the decision to do it yourself will be for reasons of cost – but the resulting errors in Wills made without advice can end up costing families even more.

Here are a few examples from our recent experience:-

1. No executors appointed or none which survive.
2. Documents not safely stored in a fire-proof location and so lost.
3. Beneficiaries not clearly defined giving rise to disappointed beneficiaries or claims of legal rights.
4. No thought given to what happens if chosen beneficiary dies first.
5. Correct safeguards not included for underage or incapable beneficiaries.
6. No guardians appointed for underage children.
7. Improper execution (not signed properly).
8. Ambiguity in the wording of instructions.

Some of these can be fixed.  Some will require extra court processes or negotiation.  All can lead to extra expense.

But the other real downside to not taking advice from a suitably qualified person is that you are denying yourself access to information about your potential Inheritance Tax position, what claims there may be on your estate and how you may wish to address funding for future care costs.  All of this can be part of any meeting to discuss your Will.

Obviously we make a charge for providing advice and helping you make your Will but it will almost certainly be less than the cost of remedying the sort of errors and omissions we have mentioned.  And we are happy to give you a quote for this so please feel free to ask.

We are still working through lockdown.  For more information or to discuss putting in place a Will please contact one of our Private Client Team.