Do I need help writing my Will?
Do I need help writing my Will? If so, who should I ask?
Having made the decision to write your Will (good), you may be wondering whether you need help with it and, if you do, who should you ask, particularly as it seems that we cannot turn on our TV or laptop without many options being suggested to us…
How can you decide which is best for you?
This blog should help you to decide which route is best for you and give you some guidelines for what you should look for.
Firstly, let’s address the elephant in the room…of course as a Will Writer I am going to say you need help doing your Will…but do you really? Can you Do-It-Yourself?
Of course you can….BUT (big one…) the risk of you putting together something that is completely useless or invalid are very high, which in the end will mean that it will be as if you had no Will and you will have wasted your time.
A client recently showed me something that they had drafted themselves and there were so many holes in what they had done that it made it a completely pointless exercise. If that had been their final Will, all that would have been achieved is a considerable amount of stress and potentially even litigation for their loved ones.
I look at Will writing this way – if you needed your boiler/car/electrics servicing and were not trained to do this work, would you consider doing it? The number of potential pitfalls and therefore the risks if you do-it-yourself are extremely high. There are many small details that must be considered to include within a Will even for those who might have the simplest of estates – inclusions, exclusions, guardians, trustees, executors, perhaps inheritance tax issues are just a few of the things that need to be carefully considered. If these are not covered properly in your Will the impact on your loved ones when you die could be enormous, and devastating.
What are the options?
A free Will through a Charity – perhaps making a donation to complete your Will
During recent times charities have suffered enormously due to reduced donations, particularly through lost revenue from their retail outlets and face to face fundraising. This means that this is an increasingly popular way to support a favourite charity. There are different ways that charities work with Will Writers to provide this service though and the result can be that there is a limited service provided to clients.
The difficulty is to know who is actually writing the Will and how personal is it going to be? Sometimes you could be speaking with a perfectly reputable local solicitor or independent Will Writer (I do this work for a local charity at certain times of the year myself) which means you are more likely to get an excellent service, but sometimes this work is more like an online service which means you may not get a very detailed Will. It is highly likely that you would only receive a simple Will by using this option and depending on the profile of your estate you may need a more complex solution.
Using an online service
We call this the ‘Tap’ Method – you tap in your details, pay a minimal fee…and Bob’s your Uncle…out pops your Will. Unfortunately like the DIY method, this is very risky. If you don’t know the mistakes that you can make…how do you know how to avoid them? We also often hear from clients that what started out as an advert for a Free Will, or say a small fee of £40, leads to a quote for several thousands (seriously)…and that the £40 or free offer is just a hook. There are definitely risks attached to this option and it could cost more than you thought.
Through a Solicitor
This is one of the most common routes that people think about and of course while the legal risks involved here should be negligible (or non-existent). However, bear in mind that Estate Planning/Will/LPA writing is a wide area of law so you need to ensure that your chosen firm of solicitors has the appropriate division within their practice. Double check whether you are getting a fixed fee or whether your solicitor will be charging by the hour. Will writing can be a time-consuming process, and therefore a costly one with a solicitor if a fixed fee is not agreed upfront. If there is a fixed option ensure that everything you may want and need is included in that fee.
Using a professional Will Writer
This is increasingly both a very cost-effective and safe approach to take with your Will writing. Professional Will Writers will often operate on a fixed-cost, transparent basis – assessing your Will needs and advising you before commencement of the cost of their service. They generally do not work on an hourly pay basis, nor do they limit the amount of time that you spend with them. If you were going to buy a top-of-range car you would be disappointed to not have full access to the sales-person prior to purchase (or indeed post-sale), or to be charged by the hour to talk to them. Why would you settle for less than this level of service when you are planning your Will to protect your loved ones?
What are the key things you should be looking for when deciding who to use for your Will writing?
- Are they a member of a professional body – the Society of Will Writers for example.
- Do they have an appropriate level of professional indemnity insurance – minimum £2.5million.
- Are they committed to Continuous Professional Development – the law changes regularly, permitted practices have changed for Will writers since the pandemic.
- Are you going to be comfortable discussing your private financial and family matters with this person? Writing your Will, talking about your death, planning for how to protect your family and friends, discussing the contents of your bank, how much you have left on your mortgage, who in your family you like or don’t….these are all very personal matters, so make sure you find someone you feel comfortable with.
Do some due diligence research – look at the reviews the business is receiving. Speak with them (many Will Writers offer a free consultation before commencing any work); ask about their prices and compare them to other providers.
A person who can take you calmly and thoroughly through the process…someone who knows how important your family is to you…who will give as much care to your plans as they would to their own.
I hope this blog gives you some useful pointers on how to write your Will and who you should choose…ok now comes the bit about me…
Dorset Coast Wills is an Independent Will Writer based in Christchurch, Dorset working across the UK. Dorset Coast Wills is a member of the Society of Will Writers, committed to their code of conduct and consistently investing in CPD. We receive 5* ratings from our clients for the care we give and work we do. We collaborate with probate providers, contentious probate solicitors, trust solicitors and other Will Writers. We are always happy to help and answer questions.
If you would like to ask any questions about the contents of this blog, or perhaps have a specific question about writing your Will get in touch.
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