We’ve all seen the DIY will kits, or free Will templates online that claim to be a cheap and easy alternative to engaging a Solicitor to draft your Will. However, when you are not experienced at drafting Wills it is easy to make errors that have serious consequences for your Estate after you are gone. Not only will the costs to your estate drastically outweigh any savings you may have made by drafting the Will yourself, but the effects of those errors will also be extremely stressful and time consuming for your loved ones left behind.
Our solicitor Michelle Wilson from Argon Law gives you an idea of some of the dangers in drafting your own Will or using a Will kit.
These dangers include:
Not meeting the formal execution or witnessing requirements of a Will;
Drafting errors, such as forgetting to appoint an executor, incorrectly describing specific assets or drafting incomplete clauses;
Not complying with sections of the Succession Act that affect how a Will work, such as the effect of a marriage or divorce on a Will;
Not giving thought to any potential challenges that the Estate may face, including Family Provision Claims, claims for lack of testamentary capacity, or claims that there was undue influence on the person making the Will.
These are all issues that may appear small, but each can have significant and expensive consequences for your Estate. Discussing your succession plan with a Solicitor who practices in this area will ensure that all of your circumstances are considered, and that the document drafted complies with the legal requirements.
Here at Argon Law, we have extensive experience in advising and protecting our clients and their families. We can help you to ensure that your estate is distributed in accordance with your wishes at the appropriate time and that the most vulnerable amongst you loved ones are properly looked after using testamentary trusts and other special provisions.
So if you wish to discuss your Will further, please come and see us and get proper legal advice.