Do I Need A Solicitor To Write A Will?

One of the most common questions we hear at ELM Legal Services is ‘do I need a solicitor to write a Will?’.

The short answer is ‘no’ – while using a solicitor to write your Will is certainly one option, you can also instruct a professional Will-writing service, or write your own Will.

We will explain the pros and cons of each option and give you some top tips to help ensure you have a valid Will in place.

Using a solicitor to write a Will

Instructing a solicitor to write your Will means a legal professional will draft the document on your behalf.

They will possess the knowledge and expertise to ensure that your Will adheres to all legal requirements and accurately reflects your wishes.

What is the cost of hiring a solicitor to write a Will?

The fees associated with employing a solicitor to draft your will can vary depending on factors such as complexity and the solicitor’s rates.

Typically, the cost ranges from a few hundred to several thousand pounds.

Pros and cons of using a solicitor to write a Will

Advantages

• Confidential advice in your best interests and your options clearly explained to you.
• In-depth knowledge of Will drafting and estate planning, resulting in tailored advice and the ability to address complex situations.
• Reassurance that your Will complies with all legal formalities and takes into account any relevant laws or regulations.
• You can personalise your Will to reflect your specific wishes and intentions.
• You have the opportunity to ask questions, seek clarifications, and receive ongoing legal support throughout the process.

Disadvantages

• Hiring a solicitor is generally the most expensive option when it comes to writing a Will.
• Working with a solicitor may involve scheduling appointments and accommodating their availability, which could potentially cause some logistical challenges.

Using a professional Will-writing service to write a Will

Professional Will-writers specialise in Will-writing and estate planning.

After speaking to you about your assets and wishes, they will draft a legally valid Will on your behalf.

What is the cost of using a Will-writer to write a Will?

Using a Will-writing company gives you a professional service at a fraction of the cost of a solicitor.

At ELM Legal Services, our Wills start from just £99.

Pros and cons of using a professional Will-writer to write a Will

Advantages

• Confidential advice in your best interests and your options clearly explained to you.
• In-depth knowledge of Will drafting and estate planning, resulting in tailored advice.
• Reassurance that your Will complies with all legal formalities and takes into account any relevant laws or regulations.
• You can personalise your Will to reflect your specific wishes and intentions.
• You have the opportunity to ask questions, seek clarifications, and receive ongoing support throughout the process.
• Less expensive than using a solicitor.
• Meetings available at a time to suit you. At ELM Legal Services we offer online appointments, as well as in-person appointments at your home.
• At ELM Legal Services we also provide a secure Will storage service so that you never lose your Will.

Disadvantages

• While cheaper than a solicitor, there is still a cost involved.

As Will-writers are not necessarily legal professionals, it is important to use a reputable firm.

Can I write a Will myself?

You can write a Will yourself using a DIY Will kit.

These typically include a Will template along with guidance on how to fill it out.

Some kits may also provide a completed sample for reference.

In the UK, Wills must adhere to specific regulations, and while these kits assist in complying with them, they may not guarantee that your Will is 100% accurate.

How much does it cost to write a Will yourself?

DIY Will kits can be obtained from UK Post Offices, stationery shops and online platforms, with prices starting at approximately £9.99 per Will.

Although this may appear like an affordable approach, we strongly urge you to carefully consider the value of professional advice and the potential savings in the long run.

Is a DIY Will kit legal?

If the Will is properly witnessed and fulfils all the necessary requirements, it is legally enforceable.

However, if it is drafted incorrectly, complications may arise for your loved ones in the future.

Pros and cons of a DIY Will

There are several advantages and disadvantages associated with using DIY will kits.

Advantages

• Cost-effective
• Conveniently available at local post offices, banks, or nearby stores.
• Ability to write your Will in your own time from home.

Disadvantages

• DIY Wills should only be used for straightforward situations. If you have complex life circumstances, such as being unmarried to your partner or having children from a previous relationship, professional advice is recommended.
• Limited capacity to personalise your intentions.
• No professional support.
• High risk of errors.
• Elevated risk of the will being contested or deemed invalid.

What happens if there are errors in a DIY Will?

If your DIY Will contains mistakes or fails to adhere to the strict witnessing rules, it could be invalid.

As a result, your legacy may decrease in value due to legal expenses and unnecessary taxes.

This could significantly impact your family both financially and emotionally.

Approximately 38,000 families experience prolonged probate proceedings each year due to poorly drafted or ineffective DIY Wills.

Up to 10% of your estate’s value may be absorbed by additional fees resulting from an incorrect Will. With the average UK estate being worth £160,000, this could potentially amount to £16,000 in hefty probate fees.

What are common errors when creating a DIY Will?

• Lack of awareness of the formal requirements for a legally valid Will.
• Failure to account for all available money and property.
• Neglecting to consider the possibility of a beneficiary passing away before the testator.
• Not considering the impact of marriage, civil partnership, divorce, or dissolution of a civil partnership on the Will.
• Unfamiliarity with the rules allowing dependents to claim from the estate if they believe they haven’t been adequately provided for.

Are there any other documents I need to make?

It’s a fantastic idea to make a Lasting Power of Attorney at the same time as making a Will.

This legally binding document designates a chosen individual (the Attorney) who will make decisions on your behalf if you become unable to do so in the future.

Do I need to update my Will?

Maintaining current legal documents is crucial.

If you need to make changes to your Will after it has been signed and witnessed, it is important not to do this yourself, as it could potentially invalidate the Will.

In such cases, it is advisable to consult a solicitor or a Will-writing provider to either create a new Will or incorporate a codicil that amends your existing Will instead of replacing it.

With our handy Will Storage & Updates package, you can update your documents as many times as you like.

Who stores my Will?

Entrusting the storage of your Will to a professional ensures that your important legal document is safeguarded against loss, damage, or unauthorised access.

Our value-for-money Will Storage & Updates package gives you the option to have your important documents secured within top-of-the-line vaults, protecting them from fire, water damage, theft and other hazards.

Alongside this, you can view copies of all your documents with our user-friendly client portal, and store electronic memories, passwords and important documents within your own personal digital vault.

Storing a DIY Will yourself

When it comes to DIY Wills, one common pitfall is the responsibility of storing the document.

If you choose to store a DIY Will at home, there are risks involved.

It may be susceptible to loss, damage, or destruction, potentially rendering it useless or difficult to locate when needed.

Furthermore, the lack of proper storage measures can raise concerns about the authenticity and integrity of the document.

Why use ELM?

As Wills, probate and trusts specialists, we have helped over 30,000 clients throughout England and Wales in creating Wills to meet their specific circumstances.

Our Will-writing service provides the perfect balance between affordability and reliability.

Throughout the Will- writing process, we offer comprehensive support and ensure that all necessary elements are properly addressed.

Get in touch

To find out how much it will cost to make your Will, call us now on 0117 952 0698 or make a free, no obligation enquiry and our team will be in touch.