Coronavirus Pandemic is likely to increase DIY Wills

In light of the coronavirus pandemic, many people will be wanting to update their will or be prompted to make a will for the first time. Some may be concerned about the cost of making a will at a time of financial uncertainty. There is also likely to be lots of questions over the practicalities of making a will such as the logistics of instructing a solicitor during the current crisis. Many will be tempted to consider DIY/home drafted wills.

Susan Ford, a contentious probate associate says “the current pandemic is likely to lead to a surge in the use of DIY Wills. DIY will packs can be obtained easy and cheaply online and for often as little as £5.99. Others may have a go at typing or writing out their own will. Whilst DIY/home drafted wills are certainly the cheaper option, they are risky”

The biggest problem with home drafted wills is the lack of professional involvement in the will drafting process.

With a solicitor drafted will, not only does the probate solicitor prepare the will but they will take detailed instructions on the testator’s intentions including reasons for any changes to a previous will. The probate solicitor would also consider whether the testator has testamentary capacity i.e. mental capacity to make a will. The solicitor would normally make a detailed written notes of all discussions with the testator for evidential purposes. These notes can be relied upon in the event of a will dispute arising in the future. A will that has been professionally prepared by a solicitor will be more difficult to dispute.

A home drafted will is prepared behind closed doors and the opportunity to obtain a contemporaneous solicitor’s note recording the testator’s intentions; the reason behind any changes and testamentary capacity is lost.

If errors are made in the preparation of the will or if the rules for executing and witnessing the will are not followed correctly, this can invalidate the will.

Those wishing to make a will should obtain professional legal advice from our probate team. 

The costs savings with a DIY will are, in many cases, a false economy and in the event of a will dispute, the family left behind are then left to deal with a protracted dispute which will likely be time consuming and expensive.

If you require advice in relation to a will dispute, inheritance dispute or contentious probate matter please contact our specialist contentious probate solicitors on 01902 424927 for an initial free consultation.

Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.