Why You Should Never Use a DIY Will

Using a DIY Will can cause you and your loved ones serious problems. Your Will is one of the most important legal documents you will ever draft. Working with an experienced solicitor is the only way to ensure that everything is in order.

For helpful advice on why a Will is so important, writing your Will, including what to do if you currently have a DIY Will, speak to us today.

Your DIY Will may not meet all validity requirements

Your Will must satisfy strict validity requirements. Small errors and oversights could invalidate your Will. By the time a mistake is uncovered, it can be too late. If your Will is not valid, your estate will be distributed according to intestacy rules, and this often has undesirable consequences. 

Your DIY Will may prevent your wishes from being carried out

Your Will must set out your wishes clearly; otherwise, it could be misinterpreted. Gifts can even fail if your Will is not worded meticulously. 

A frequent mistake is identifying beneficiaries imprecisely. For example, leaving an inheritance to ‘Susan’ is too vague. Many Susans could make a claim. A court will try to make sense of an ambiguous Will, but if it cannot, your gift could fail and leave the real Susan with nothing.

Not covering all eventualities

Another dangerous omission is not covering all possible scenarios in your DIY Will. Your Will must always specify what should happen if your original wishes cannot be fulfilled, for instance, because an intended beneficiary has predeceased you. If your Will does not address what to do in these circumstances, the gift can fail and instead become part of your residual estate. 

Not including a residuary provision

It is vital to include residuary provisions in your Will. It explains what you want to happen with any assets left over after the Will has otherwise been executed. Without one in place, a court will distribute the remaining assets in accordance with intestacy laws, which may mean funds passing to individuals that you would not have wanted to inherit.

Your DIY Will could leave you exposed to legal rights claims

You may think that you can exclude whoever you want from your Will. Whilst you do have considerable freedom to decide how to distribute your estate, you are limited by forced heirship rules will that will apply to your estate (money, property and possessions). These are known as legal rights. Legal rights mean that if you have a surviving spouse, civil partner or children, they can make a claim against your estate, whether you die with or without a Will.

A dispute can cause delays and be costly for your estate. It is possible to take steps to mitigate the extent of a legal rights claim, and part of this is having a Will properly drafted by a solicitor.

Wills and Estate Planning Solicitors in Glasgow and Paisley, Scotland

Relying on a DIY Will risks your family’s future. With MacNairs & Wilson, you are in safe hands. Our knowledgeable team can advise on your situation and help you to look after your loved ones after you have gone. Speak to our Wills lawyers today. Call our Paisley branch 0141 887 5181 or our Glasgow branch 0141 551 8185 or complete our online enquiry form.