There are lots of DIY will kits and templates available online and in stores such as stationery shops. But does that mean you should use them? Here we talk about whether writing your own will is legally binding, and the pros and cons of ‘do-it-yourself’ (DIY) wills.
Can you write your own will?
Yes, you can. But if you write your own will you’ll have to take all the necessary steps to make sure it’s legally binding. If it’s not, it will be invalid and your final wishes won’t be taken into account after your death.
An invalid will means it’ll be treated as though it doesn’t exist in the eyes of the law.
How to make sure a DIY will is legally binding
To make a DIY will legally binding you have to get it signed and witnessed by 2 adults (aged 18 or over). This means they should be there with you when you sign it. And they also need to sign it themselves. The witnesses can’t be beneficiaries (people who’ll receive an inheritance from your will), your spouse or partner, or anyone who doesn’t have the mental capacity to understand what they’re witnessing.
It's also possible to have your will signed remotely in England or Wales. If you can’t meet your witnesses in person, you can watch each other sign the document over a video conference.
- Find out more about making sure your DIY will is legally binding in England and Wales on the Gov UK website.
- For more info on making sure you will is valid in Scotland, visit Citizens Advice Scotland.
- For more info on writing your own will in Northern Ireland visit NI Direct.
To make sure a DIY will is legally binding it’s also important to use certain language. If you don’t use certain legal terms, you run the risk of your will being invalid. Lots of DIY will templates and kits have standard wording. This makes sure that everything in your will is perfectly clear and valid.
Is writing your own will a good idea?
Writing your own will is possible and perfectly legal. But what are the risks? And are you likely to come across problems if you use a DIY will kit? Here are some possible situations when a DIY will kit might be worth considering and some other situations when it’s probably best to get some help from a solicitor.
When to consider a DIY will
It’s a good idea to think about a DIY will if:
- You want to leave all your estate behind to your partner
- Or if your partner dies before you, you want to leave all your estate to your children
A person’s estate is the legal term for everything they own.
When to get help from a solicitor
We’d recommend getting help from a solicitor if any of the below factors apply to you:
- If you’re not married or in a civil partnership
- If you have stepchildren or children from a previous relationship
- If you have other people outside of your immediate family who depend on you financially
- You own a business that you’d like to leave to someone as part of your will
- You need advice on how to reduce your inheritance tax
- You own property abroad or have bank accounts abroad
When you’re thinking about whether to use a DIY will kit or get help from a solicitor, it’s important to think about your own personal circumstances and what you want to get from your will. If your final wishes are simple and your personal finances aren’t complicated, then a DIY will could be a good option. But as mentioned above, if your wishes and finances are more complex you may benefit from professional support from a solicitor or a will-writing service.
Of course, you might be thinking about your budget too. Here’s an idea of the cost you can expect to pay for different types of wills.
What are the pros of a DIY will?
With all the DIY will kits available there are many pros to using this option. Here are a few reasons why you might consider a DIY will:
- It’s a more affordable (sometimes free) way of writing a will when compared to paying a solicitor
- Online DIY wills and kits are readily available
- They’re simple to complete
- It’s a quick and easy process
- They can give you peace of mind when your estate is small and your personal circumstances aren’t complicated
What are the cons of a DIY will?
Just because DIY wills are readily available online and in shops it doesn’t necessarily mean that they should be used by everyone. Here are a few reasons why using a DIY will kit can come with some drawbacks:
- Mistakes can be made even with standardised DIY will kits which can make your will invalid
- If mistakes aren’t fixed or noticed until after your death this can cause delays to probate and potential problems for your family
- Any company that supplies DIY will templates will not take responsibility if there are mistakes in your document
- If mistakes are noticed once the DIY will has been made it may end up costing you more to fix them
- They don’t have enough detail if you have a large estate or if your personal circumstances are more complex
The main risk involved in creating a DIY will is that mistakes in the document make your will invalid or it could leave it open to being contested.
If a will is contested it means that someone has raised a formal objection against its validity
This could leave your family without the financial help you intended to leave behind in the first place. For example, if you aren’t married but named your partner as a beneficiary in your will but it’s made invalid due to mistakes, they may not be entitled to anything. This is because of the rules of intestacy. These apply when there is no will at all or if a will is invalid. So before you make your decision about using a DIY will make sure you carefully consider your own circumstances, the risks involved, and the pros and cons.
Disclaimer: The contents of this article is intended as information only and does not constitute legal advice. Always seek advice from a specialist solicitor when you need support with wills and probate.
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