There is no need to use a solicitor to draft up a will. Thousands of people write their own wills using reference books or ‘do it yourself’ packs, however the rules and regulations are extremely complex and there are numerous pitfalls if you make a mistake.
If there are errors in a will, this can cause problems after your death. Sorting out misunderstandings and disputes may result in considerable legal costs, which will reduce the amount of money in the estate. Some common mistakes in making a will are:
• not being aware of the precise requirements needed to make a will legally valid
• failing to take account of all the money and property available, allowing the Crown to claim against the estate
• failing to take into account the possibility that a beneficiary may die before the person making the will
altering a will improperly after initial execution
• not taking into account the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will
• being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for. These rules mean that the provisions in the Will could be overturned.
Arguments between family members, beneficiaries or personal representatives can also delay matters. Any disagreements must be sorted out before the affairs of the person who died can be settled.