When making a Will, some people turn to DIY Wills or unqualified Will drafting companies, rather than a traditional solicitor. While these methods can work in some cases, unforeseen issues can arise in even the most straightforward Wills where these are not prepared by experienced professionals.
Problems with DIY Wills
If a Will is not correctly drafted then it could be challenged and effectively leave you intestate – that is, without a Will at all. In this situation, the rules of intestacy come into force, which dictates how an estate is divided and could mean that distant relatives benefit rather than those people closest to you.
Disputes between the executors or beneficiaries can also arise if there is any room for interpretation because a Will has not been properly drafted.
These issues may mean that your loved ones have to make an inheritance claim under the Inheritance (Provision for Family and Dependents) Act to try to change the position. The Act allows claims against a deceased person’s estate for a number of reasons, including challenging the execution or interpretation of a Will, or if someone feels they have not been properly provided for in a Will.
Getting advice from a qualified legal practitioner when drafting your Will can help avoid these issues. A lawyer will be able to examine your situation fully and inform you of any aspects that need attention – a one size fits all template is not right for everyone.
Qualified solicitors are also regulated by the Solicitors Regulation Authority and have appropriate professional indemnity insurance in place, unlike unqualified Will drafters who are unregulated and potentially uninsured.
How Nelsons can help
At Nelsons, we have a team of expert Wills and Probate specialists who can discuss your wishes and draft a comprehensive Will that reflects your requirements.
We can also help if you are involved in a dispute over a Will. Our team has substantial experience in inheritance claim disputes and can assist with challenges to a Will. We try to resolve cases without going to Court whenever possible.
For more information, please contact us or call 0800 024 1976 and we will be happy to discuss your situation with you.