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Nearly one in three over-55s have no will and around 10% have no plans to make one either. However, writing a will is the only way to ensure your final wishes are respected and be confident your estate (made up of your money, property, possessions and investments) goes to the right people.
Given nearly a quarter of those without a will are doing so because they're either worried about the cost involved or not wanting to deal with a solicitor, could writing a will yourself (a ‘DIY will’) be a viable alternative?
Solicitors’ fees generally start from around £150 for simple wills or, alternatively, you can use professional will-writing services, which can be cheaper, but this is an unregulated industry and doesn’t come with the same level of cover if the will contains mistakes.
By comparison, you can buy a DIY kit and forms, available at stationery shops or online, and get the job done for as little as £11. These are legally binding – as long as you follow the instructions to the letter.
However, there’s a reason for the cost disparity – if your will isn’t completely straightforward or you don’t know what you’re doing, it could end up costing loved ones far more than you save, leaving a legal mess for them to clean up and your wishes not being followed.
If your plans are extremely straightforward and your estate is small, you might find a DIY will works for you.
You can move at your own speed, gathering information as you go, without outside pressure.
Once it’s done, you can update your will quickly if your circumstances change (as they do regularly), without having to pay more fees – again, as long as you follow the instructions to make the change legally valid.
(This is done with a small update called a codicil – however, if you’re making more than two of these to your will, it’s worth writing a new one to avoid confusion).
A good DIY will kit should give you guidance on the essentials such as:
Your homemade will must comply with the Wills Act 1837, which states that the testator (the will writer) must sign it in the presence of two adult witnesses, both of whom must also sign in your presence.
Many kits will also include extras such as a funeral wishes form, a template letter to your executor and an inventory of possessions.
Anybody who’s attempted a bit of DIY around the house soon discovers that the professionals know things amateurs don't – and it’s the same when you’re writing a will.
The document needs to be signed and witnessed in the correct order, otherwise it’s not valid, says Emily Deane, Technical Counsel and Head of Government Affairs at the Society of Trust and Estate Practitioners (STEP). “Another common mistake is using a beneficiary of your will as a witness.”
If the person you use to witness the will is set to receive something from it (is a ‘beneficiary’), then the will is still valid, but they will not be able to inherit anything.
She adds: “You cannot amend a will by crossing out the sections you wish to change and initialling the amendment. That will also invalidate it.”
Errors like these mean that DIY wills are often a false economy. Deane warns: “If a will is invalid, it will cost your loved ones extra time and money to deal with your estate, especially if they have to go to court.”
Research suggests the trend towards DIY wills has led to a rise in family disputes and contested wills.
If your will is declared invalid, your estate will be given out under strict rules (called intestacy) and may well not reflect your wishes – especially if you have multiple family members or want to give gifts to charity.
It’s also easier to lose a DIY will if you die suddenly and your loved ones don’t know where you’ve kept it. If you hire a solicitor, they should usually store a copy free of charge.
If you think a DIY will is for you, there‘s plenty of advice online, such as from Age UK, which offers a free will writing guide.
DIY wills only really work if your affairs are very simple and your estate is more modest – for example, leaving everything to one person or passing on everything equally to children when you and your partner die.
It’s up to you to decide when things start to get too complex, and using a professional does cost more money. Citizens Advice has a good rundown of when it’s advisable to use a solicitor, such as if you have children from other marriages, own a business or have property overseas.
If you’re unsure, it’s worth speaking to an independent qualified professional to check the complexity of your needs.
“[Using a solicitor] should ensure that your estate is inherited exactly as you would choose, sparing loved ones stress and strain at an already difficult time,” says Nick Emmerson, President of the Law Society of England and Wales.
Kirsty Limacher, Chief Legal Officer at The Association of Lifetime Lawyers, agrees and says that if you have a large or complicated estate, a blended family from multiple marriages or intricate family dynamics, it makes sense to talk to a solicitor.
“DIY wills often fail to account for these complexities, leaving loved ones vulnerable to unnecessary complications and potential litigation,” she says.
If your estate is worth over £325,000 (the current ‘nil rate band’ after which Inheritance Tax (IHT) is paid) then taking professional advice could also save your family or beneficiaries a lot of money in tax after you’ve died.
IHT is notoriously complicated, and there are various allowances, reliefs, and exemptions that can significantly reduce the tax burden on your estate, Limacher says.
Solicitors are also regulated by the Solicitors Regulation Authority (SRA), which means they're bound to high standards of bespoke service and you’re able to complain to the firm if there’s an issue. If it’s not resolved, a Legal Ombudsman can step in to help resolve the problem, so you have peace of mind you’ll be protected.
Solicitors must also carry professional indemnity insurance. “This provides financial protection in the event of errors or negligence on the part of the lawyer,” adds Limacher.
You can find out if a solicitor is regulated by using the Solicitor’s Register at the SRA website.
If you're taking advice, it makes sense to look for a solicitor with expertise in will drafting – searching online and cross-referencing them with any reviews is a smart way to start.
It’s worth getting several quotes, not only to help you save money but also to get a feel for the quality of service they provide. Friends and family may have good recommendations, but make sure you double check they’ll be able to do what you need.
Even if you use a solicitor, you won’t be handing over all of the responsibility and leaving them to it. They’ll need you to explain your wishes and may ask you to track down key documents.
It’s a two-way process - and the onus is on you to properly communicate your wishes - but it’s worth the effort, Deane says. "This will ultimately save a lot of heartache and money by reducing the chances of a will being disputed.”
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If you want professional help writing your own will, but don’t feel happy spending higher amounts for a solicitor, there is a third option: professional will writers.
This route can be useful if you’ve got a relatively straightforward will but still want to be sure that you’ve navigated all scenarios correctly.
Always consider using a member of a self-regulating body, such as The Society of Will Writers (SWW), or the Institute of Professional Willwriters (IPW) if you’re thinking of going down this route.
Membership to these bodies means they must undertake regular training and continuous professional development, have a minimum of £2 million of liability cover and abide by a code of practice (IPW / SWW).
Professional will writers should normally be cheaper than a solicitor, with costs starting under £100 for a basic will. However, that will rise if you need complex services, such as trust planning.
Anthony Belcher, director of SWW, says there is a "huge misconception" that solicitors offer a better service.
"Many solicitors and will writers work from exactly the same precedents and drafting software, and we ensure members have regular training to ensure their services are of the best quality.”
Sue Ioannou, chair and head of training at the IWW, highlights the extra flexibility often offered by will writers: “Many will visit clients in their homes, often at weekends and in the evenings at no extra charge," she says.
Some professional will-creation services will let you undertake the process online. This means, like with a DIY will, you can work at your own pace. However, they’ll be checked over for you when you’re done to look for potential errors.
Unlike using a solicitor, will writing is not regulated and anyone can set themselves up without training, qualifications relating to will writing or insurance, Ioannou warns. “You need to check their credentials carefully.”
Ioannou says the best way to find a good will writer is via recommendations from family and friends, but always see what additional qualifications and relevant experience they have – and check against a wide range of online reviews if you can.
"[Don’t] just pick someone at random from the phone book or internet, but look for a tried and tested service," she adds.
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