- 7th August 2014
- Posted by: Seatons Solicitors
- Category: Articles, Probate & Estates, Wills
The Risky Nature Of Homemade DIY Wills
One of the main problems facing the Probate Registry in recent times has been the steady rise of ‘Home-Made DIY Wills’. There are several ways to create a Will; the two most common are to instruct a solicitor on your behalf, or alternatively make a Home-Made version using a DIY Wills Kit. Making a Will at home is undoubtedly the cheaper option, but the lack of professional guidance has led to ambiguities resulting in many Wills across the UK becoming invalid.
In cases where the Home-made Will has an unclear meaning, the Court could eventually have to determine the outcome for the beneficiaries. The court’s primary aim when determining the distribution of the estate would be to ascertain what the deceased originally intended when writing the Will in the first place. This is a hazardous situation however, as the Court’s judgement could dramatically differ from what the deceased originally intended. Therefore, in order to ensure that your estate is administered the way you had planned, it is recommended that professional advice is sought when making the Will.
In order to avoid these ambiguities when writing the Will, it is important the individual states clearly and precisely how their estate is to be distributed. The full names of each beneficiary must be listed. In addition, each item intended as a gift must be defined clearly in order to avoid any possible confusion. It would also be worthwhile examining the value of your estate to make sure the Inheritance Tax does not rise more than anticipated. Professional legal advice is always recommended when looking at ways to lessen this tax liability.
At Seatons, our team of highly trained solicitors have a wealth of experience dealing with Wills and provide clear, easy to understand legal advice at low sensible fees. For more information, feel free to give us a call on 01536 276300.