DIY law: know the facts before doing it yourself

Programmes about rogue traders and cowboy builders have replaced consumer champion Esther Rantzen on the TV, alongside countless phone-ins, websites and advice pages. But according to a report by the Public Legal Education Network nearly two-thirds of us don’t know our rights and have no understanding of basic legal processes relevant to employment, home ownership, faulty goods and disputes with tradesmen and neighbours.

Witnessing wills

We might have got more stroppy, but not very savvy, as when it comes to the law it seems that old adage ‘a little knowledge is a dangerous thing’ is true. For instance, most people know that a will needs to be witnessed but may not realise that a witness cannot be a beneficiary; consequently many people find themselves disinherited by witnessing a relative’s will. Common law partners have hardly any rights compared with married or civil partners but are often unaware of this until one of them dies or the couple splits up. Sadly, the phrase ‘I know my rights’ often turns out to be untrue.

Urban myths

Armed with scraps of information, urban myths and anecdotes, increasing numbers of people are trying DIY law, unwittingly risking huge financial losses, emotional and physical stress and in many cases, end up having to engage a lawyer to unravel the mess.

What at first glance seems a relatively straightforward legal process can become lengthy, complex and costly. Sorting out someone’s affairs after their death without a will, trying to get compensation from a builder for shoddy work, dealing with rent arrears or difficult tenants and challenging an employer are all part and parcel of everyday life. Increasingly complex relationships within extended families, greater property ownership and compensation culture add to the mix.

Neighbours

And then there are the neighbours. Government figures show nearly six million complaints are made about nuisance neighbours every year, and many disputes concern gardens involving hedges, boundaries, pets, rubbish, log cabins and noise. There’s been a 25 per cent increase in complaints to the Noise Abatement Society about garden noise alone. Meanwhile, tens of thousands of people move house every year, just to escape their neighbours (and would have been obliged to reveal any ongoing or previous dispute to prospective buyers).

Prepare

Of course, most people will only turn to the law as the last resort in resolving disputes. But there are times when sound legal advice can prevent problems arising that include: making a valid will, assisting with probate, buying and selling property and granting lasting power of attorney. To a certain extent, the family solicitor has gone the same way as the family doctor and local bank manager, so it is perhaps inevitable that when people face legal issues, they are often tempted to do it themselves or, as is often in the case with conveyancing, use a solicitor recommended by a third party.

Double check

Even if you are planning to DIY on apparently straightforward legal matters, it’s almost always worth seeking advice from legal experts, organisations such as Citizens Advice and government websites.

Certainly if you’re considering going down the route of taking legal action (litigation), then you must seek advice on the costs you could be exposed to, which can run in to tens of thousands of pounds. It is not worth losing your home over a garden hedge – and that can happen. And honestly answer the following questions: