Making a Will has never been easier. A quick internet search produces countless online Will- writing services, downloadable templates and DIY packs, all promising a simple and inexpensive way to put your affairs in order.
For many people, that convenience is appealing. If your wishes seem straightforward, it can be tempting to assume that a professionally drafted Will is an unnecessary expense.
However, what we are increasingly seeing in practice is that the apparent saving made at the outset can create significant difficulties later on.
Families often only discover there is a problem after a loved one has died. By that stage, the person who made the Will is no longer able to explain what they intended, correct an error or clarify an ambiguity. What follows can be uncertainty, delay and, in some cases, disputes between family members who genuinely hold different views as to what the deceased wanted.
The issue is rarely that somebody failed to make a Will. More often, the difficulty arises because the Will did not properly reflect their circumstances.
Modern family life is far more complex than it was a generation ago. Second marriages, long-term cohabiting relationships, stepchildren, business interests and investment properties are increasingly common. A document designed to cover the “average” person often struggles when applied to real life.
A phrase that appears perfectly sensible when a Will is signed can take on an entirely different meaning years later when executors are trying to administer an estate. We regularly encounter situations where families are left trying to interpret wording that seemed clear to the person who wrote it but creates uncertainty in practice.
Tax is another area where people can unintentionally fall into difficulty. Many DIY Wills focus solely on who inherits assets, without considering whether those assets are being passed in the most efficient way. As inheritance tax receipts continue to rise, effective estate planning has become increasingly important for many families.
There is also a common misconception that once a Will has been signed, the matter is settled indefinitely. In reality, a Will should be reviewed regularly.
Marriage, divorce, the arrival of children or grandchildren, property purchases and changes in financial circumstances can all affect whether an existing Will remains suitable.
Perhaps the greatest value of taking legal advice is not the document itself, but the discussion that takes place beforehand. Understanding family circumstances, future intentions and potential risks often reveals issues that would never be identified by a generic template or online questionnaire.
A Will is one of the most important legal documents most people will ever sign. Ensuring it has been properly prepared can provide certainty not only for the person making it, but also for the family members who will one day rely upon it.
Our Private Client team advises individuals and families on all aspects of Wills, estate planning, inheritance tax planning, probate and Lasting Powers of Attorney. Whether you are making a Will for the first time or reviewing an existing one, we can provide clear, practical advice tailored to your circumstances.
For further information or to arrange a confidential consultation, please contact our Private Client team on 01708 446781 or by email mail@mosco.co.uk
