Have you ever been tempted to purchase a DIY will kit? It might seem like an easy option, and you might believe you are saving money, but these kits can cause serious problems in the future and incur additional costs for your estate.
There are several issues with DIY will kits. Two of the major ones are:
- Your intentions might be incorrectly recorded; or
- The will may not be signed and witnessed correctly.
Intentions incorrectly recorded
Wills can be complex, especially when there are a lot of assets involved and multiple gifts or beneficiaries. It is imperative that the wording in a will is clear and correctly records your intentions. This is hard to achieve when you are simply filling in a form.
When you have your will completed by a legal professional, they will ask you questions to make sure they understand your intentions and they will tailor your will to your situation to ensure these are correctly recorded.
You might be unsure of a term in a DIY will kit and without seeking legal advice, you may have intended one thing, but the intention recorded in the will is different. Without discussing your will with a legal professional you do not have the opportunity to ask questions and clarify terms. This is important as it may change what needs to be recorded in your will. You may also miss out on important legal advice about the effects of your intentions.
Will not signed and witnessed correctly
There are very strict requirements when it comes to signing and witnessing a will. Simply put, if your will is not signed as per these strict requirements, it will not be valid. When we prepare wills for clients, we always ask that they come into the office and sign their will with us to ensure it is validly signed. This also gives you an opportunity to review your will with your solicitor.
When using a DIY will kit you might only see the requirement that your signature needs to be witnessed by two witnesses and so may think the easy option is to have your family witness your signature. One of the strict requirements is that witnesses cannot be beneficiaries of your will or the beneficiary’s spouse or partner. If your witnesses are two beneficiaries of your will, your will would still be valid but any gifts or distributions to those beneficiaries are voided.
You might think you can sign your will at home and then take it to a neighbour and after that, a friend to witness. However, you and both witnesses must be present in the same room when the will is signed. All three must remain in each other’s presence when everyone signs the will. This is another requirement that can easily be overlooked and can lead to the will being invalid.
There are many other requirements that must be met when signing and witnessing a will. Without proper guidance it would be only too easy to miss a step which could result in your will being invalid.
To be frank, we urge you to stay away from DIY will kits. There are simply too many risks involved. If you need help with a will, get in touch with us! We are experienced in drafting wills and we will ensure you are properly informed before signing your will, and that all signing and witnessing requirements have been met so your will is valid.
