The Benefits of Using a Solicitor to Write Your Will

Writing a will is one of the most important steps you can take to ensure your wishes are respected and your loved ones are provided for after you're gone. While it might be tempting to handle it yourself, mistakes in drafting a will can lead to costly disputes or even invalidate the document entirely. This is where a solicitor's expertise can make all the difference.

If your situation is straightforward, such as leaving everything to immediate family, you might manage without professional help. However, complexities like shared property, overseas assets, or multiple dependants often require the precision and legal knowledge that only a solicitor can provide. A well-drafted will not only prevents misunderstandings but also ensures your estate is distributed exactly as you intend.

By understanding when and why you should consider using a solicitor, you can make informed decisions about protecting your legacy and your family's future.

Why Use A Solicitor For Writing A Will

Using a solicitor ensures your will is legally sound, protects your loved ones from potential disputes, and offers peace of mind that your estate is handled correctly. TrustWise Planning, with its expert will writing and trust creation services, provides a reliable option to safeguard your wishes. Here's how professional guidance, such as from TrustWise, makes a difference.

Benefits Of Using A Solicitor

• Legal Expertise And Regulations

Solicitors are regulated by the Solicitors Regulation Authority (SRA), offering protection if errors occur. If a problem arises, you can escalate the issue to the Legal Ombudsman for free recourse.

• Minimised Errors

DIY wills often result in invalidation due to improper witnessing or missing details. TrustWise specialists guide you through the process, guaranteeing every legal requirement is met and eliminating common pitfalls.

• Complex Legal Guidance

Inheritance laws, including those surrounding tax and trusts, require thorough understanding. Solicitors navigate these complexities, helping you make tax-efficient and effective estate planning choices.

• Secure Storage Options

Many solicitors offer safe-keeping services for your will, ensuring it's protected and accessible when needed.

• Specialist Accreditation

Groups like Solicitors for the Elderly (SFE) provide access to specialists in elder law, making solicitors well-equipped to address specific needs.

• Errors Leading To Invalid Wills

DIY wills or unregulated will-writing services often result in mistakes. An invalid will can delay probate or lead to costly legal challenges.

• Complications With Beneficiaries

If you have numerous beneficiaries or complex arrangements, such as a second marriage or dependent children, errors can cause disputes or inequitable distributions.

• Lack Of Legal Recourse

Non-solicitor services lack SRA regulation. If an issue arises, you won't have the same legal protections and may face limited resolution options.

• Hidden Costs

Fixing mistakes in a poorly drafted will could incur significant legal fees later, reducing the inheritance value for your beneficiaries.

How To Choose A Solicitor

Selecting the right solicitor ensures your will is legally valid and accurately reflects your wishes. It's important to evaluate qualifications, ask the right questions, and explore available options before making a decision.

Finding A Qualified Solicitor

Check the Solicitors Regulation Authority (SRA) register if you're in England or Wales to confirm a solicitor's accreditation. Look for the green tick and "SRA regulated" label to ensure their legitimacy. If you're in Scotland, use the database of the Law Society of Scotland for verification. Accreditation groups, like Solicitors for the Elderly (SFE), specialise in specific areas, offering added reassurance if your circumstances require expertise in older client law or complex inheritance.

Questions To Ask Your Solicitor

Ask about their experience with wills, especially in cases similar to yours. For example, if your estate involves overseas properties or trusts, ensure they have relevant expertise. Inquire whether they provide additional services, such as safe storage or acting as executor, to simplify future processes. Confirm their fees early, understanding if costs cover standard drafting or extend to inheritance tax planning and trusts.

Free Or Low-Cost Solicitor Options

Explore trade unions if you're a member, as many offer free will writing services using regulated solicitors. National Will Writing campaigns occasionally provide low-cost options during specific periods. Some solicitors offer discounts for simple wills or reduced fees for joint services like Lasting Power of Attorney. Both options help access regulated expertise without financial strain.

Preparing To Write Your Will

Preparing to write your will ensures that your wishes are clearly stated and legally enforceable. It's essential to address certain elements carefully to avoid disputes and complications later.

Key Information To Gather

Collect precise details about your assets, liabilities, and personal relationships. This includes property, savings, investments, and any debts. Clearly identify your beneficiaries with their full names and addresses. If you plan to leave specific personal items, detail these items and the recipients. For example, name the person to inherit a family heirloom or a particular piece of jewellery. Having accurate and comprehensive information simplifies the drafting process and ensures clarity.

Deciding On Executors And Beneficiaries

Choose executors who are capable and reliable. Executors manage your estate, so consult them to confirm their willingness to take on this role. You can name family members, close friends, or professionals, such as solicitors, as your executors. Consider whether you'd prefer more than one executor, as this can ease the responsibilities, especially for estates with significant assets or complexities.

Determine your beneficiaries and decide on how you wish to distribute your assets. Beneficiaries may include family, friends, or organisations, such as charities. Ensure your instructions are clear to avoid misunderstandings among those inheriting your estate.

Types Of Gifts You Can Include

Specify the types of gifts you wish to include in your will. These may consist of:

• Pecuniary Gifts: Fixed monetary amounts, e.g., leaving £5,000 to a friend.

• Specific Gifts: Items like jewellery, artwork, or family heirlooms passed to named individuals.

• Residuary Gifts: A share or the entirety of what's left in your estate after other gifts, expenses, and debts are paid.

• Charitable Donations: Gifts to registered charities, often exempt from Inheritance Tax.

Providing detailed instructions for these gifts ensures that your intentions are carried out precisely.

Making Your Will With A Solicitor

Engaging a solicitor when writing your will ensures clarity, compliance with legal standards, and reduces the risk of errors. They guide you in structuring your will to reflect your intentions accurately, even in complex circumstances.

What To Expect During The Process

You can expect a structured and thorough approach when creating your will with a solicitor. Discussions usually begin with outlining your objectives, such as the distribution of property, care for dependants, or establishing trusts. Solicitors assess your situation, including assessing assets, liabilities, and any unique factors like international properties or second marriages.

They'll ask specific questions regarding inheritance preferences and offer informed suggestions to refine your choices. If you own a business or require trust planning, solicitors ensure these arrangements are documented correctly to avoid future disputes. You'll review the draft, after which the solicitor finalises it, ensuring compliance with standards, before the document is signed and witnessed.

Ensuring Your Will Is Legally Valid

For your will to be legally valid, it must meet strict requirements. You must be at least 18 and of sound mind when creating it. The will has to be in writing and made voluntarily, free from external pressure.

The document needs your signature and the presence of two witnesses aged 18 or older, who must also sign it in your presence. Solicitors also consider regional laws or dual legal systems if international assets are involved, ensuring your will remains valid in all applicable jurisdictions. Their expertise significantly reduces the chances of errors that could render your will invalid.

Common Concerns About Wills

Uncertainty around the validity and content of a will can raise several concerns. Understanding these common issues helps ensure your will achieves its purpose effectively.

Can Wills Be Challenged?

Yes, all wills are subject to challenge, but success depends on specific conditions. Common reasons include claims of invalidity, lack of mental capacity, undue influence, or exclusion of dependants. For example, if you omit a close family member, they may contest your will on the grounds of insufficient provision.

To reduce such risks, clearly outline your wishes and rely on a solicitor to draft the document. A professionally prepared will follows legal standards, increasing its likelihood of withstanding disputes. Additionally, including a no-contest clause can discourage beneficiaries from raising challenges, although this doesn't guarantee immunity against legal claims.

How Marriage Or Divorce Affects Your Will

Marriage automatically invalidates a previously written will unless it was made explicitly in contemplation of the marriage. Divorce, however, doesn't immediately revoke your will, but your ex-spouse will be treated as if they had predeceased you. For instance, gifts to your ex-spouse or their roles as executors would be void.

If you marry, separate, or divorce, updating your will is essential to reflect these changes. Address any potential complexities, such as protecting children's inheritance, by drafting specific provisions like a Life Interest Trust.

Funeral Wishes And Special Circumstances

Including funeral wishes in your will allows your loved ones to carry out your preferences, such as burial or cremation choices. These wishes aren't legally binding but can guide your family during a difficult time. For special circumstances, like providing for dependants with disabilities or safeguarding assets for minors, ensure tailored clauses are incorporated.

Consulting a solicitor ensures that any unique concerns are addressed in your will. They help design provisions, such as trusts or guardianship instructions, to safeguard your estate and align with your requirements. Ensure detailed descriptions to avoid misinterpretation and simplify execution.

Conclusion

Writing a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honoured. Engaging a qualified solicitor provides the expertise and reassurance needed to navigate legal complexities and avoid costly mistakes.

By preparing thoroughly and seeking professional guidance, you can create a will that reflects your intentions with clarity and precision. This not only safeguards your estate but also gives you peace of mind knowing your affairs are in order.

Frequently Asked Questions

Can I write my own will?

Yes, you can write a will yourself, but there are risks involved. Errors, improper signing, or failure to meet legal requirements can invalidate the will. Seeking professional help from a solicitor ensures your will is legally valid and accurately reflects your wishes.

Is it necessary to hire a solicitor for writing a will?

While it’s not mandatory, hiring a solicitor is beneficial for complex situations like shared property, multiple dependants, or international assets. Solicitors offer legal expertise, reduce errors, and ensure compliance with regulations, providing peace of mind.

How much does it cost to make a will with a solicitor?

The cost varies depending on the complexity of your will and the solicitor’s fees. Basic wills typically range between £150-£300, while more detailed ones could cost £500 or more. Some solicitors offer free or discounted services during campaigns like Free Wills Month.

When should I update my will?

Update your will after major life changes, such as marriage, divorce, the birth of a child, or acquiring significant assets. Minor amendments can be made using a codicil, but for substantial changes, creating a new will is recommended.