When drafting a Will, there are certain formalities that must be complied with to ensure it is valid. Jackson Lees’ Wills and Probate expert, Danielle Blaylock, advises on how best to protect a Will to make sure your legacies will have effect.

Wirral Globe: Jackson Lees’ Wills and Probate expert, Danielle BlaylockJackson Lees’ Wills and Probate expert, Danielle Blaylock (Image: Jackson Lees)

It’s not the easiest task to plan for when you’re no longer here. Writing a Will is not only emotionally taxing, but there are also conditions that must be met when writing one to protect your assets and reduce the risk of your Will being challenged. There are many elements to drafting a Will that benefit from expert support.   

My team are often asked to advise on the validity of a DIY Will. Unfortunately, the legacies are often defective or worse still, the whole Will is invalid. People often push Will-writing to the bottom of their to-do list, assuming that everything would automatically go to a spouse or long-term partner should the worst happen, which is simply not the case.

When you die without a valid Will it is called ‘intestacy’. This means that the law dictates who inherits your assets, and your estate may end up being passed to distant relatives or previous partners.

Life is complicated and often people need a Will that can account for complex circumstances. For example, people that share ownership of a property with people they’re not married to, those that have been married more than once or have children from past relationships, business owners, or those that own property overseas are all recommended to get specialist legal advice to ensure minimal complications in the execution of their Will.

For most, a Will is the most important document we’ll ever write. It is the only way of ensuring that your assets will be distributed to the ones you love as you see fit. The rise of DIY Wills is seeing a significant increase in Wills being deemed invalid or getting disputed.

Witnesses play a huge role in DIY Wills being contested. For a Will to be valid, it must be signed in the presence of two people who are:

  • UK citizens aged 18 or over
  • Not named as beneficiaries in the Will, or married to someone that is

The witnesses must be physically present at the time of signing the Will for it to be valid. With many DIY Wills, you can sign it off alone at home, therefore leaving it invalid. If someone wanting to contest your Will believes that it was signed by someone that lacks the mental capacity or signed under duress without the support of a solicitor, this becomes far more challenging and costly to defend.

Misspelling beneficiaries’ names, not writing their names in full or not providing up to date addresses can all also invalidate a Will. Not only that, but DIY Will kits often come with many hidden costs such as annual storage fees or retrieval fees, and don’t consider things like inheritance tax.

So, while a DIY Will kit might seem like a cheap alternative to seeing a solicitor, these additional costs, as well as the thousands of pounds in legal fees if the Will was deemed invalid or contested, could result in the budget option becoming far more costly.

Whilst professionally written Wills are not immune to challenge, having a solicitor draft your Will means that all eventualities are thought of, and your assets are far more likely to be delivered to your loved ones without complication.

If you would like to talk to one of our empathetic specialist advisers, you can call us free on 0808 296 3258 (also free to call from mobiles) or email enquiry@jacksonlees.co.uk. Alternatively, visit our website www.jacksonlees.co.uk

A Flexible Service

At Jackson Lees we understand that knowing where you stand is one of the most important things. In cases where things haven’t gone as you’ve expected, we can help you get clarity. We will provide you with expert, professional and sensitive legal advice, helping you deal with a wide range of civil litigations matters including dealing with Will disputes and contentious probate.

What Jackson Lees can do for you…

  • We have empathetic and experienced litigators to help you know where you stand
  • Three local offices to choose from:
    • Hoylake 0151 601 8797,
    • Heswall 0151 909 2785,
    • Liverpool 0151 909 5766
  • We also offer assistance if you are in a dispute regarding inheritance
  • We offer a range of funding options, including Conditional Fee Agreements
  • We can meet you at any office, as well as virtually

Let Jackson Lees make things a little easier for you and your family.  Contact our Wills, Trusts & Probate team to book an appointment or to chat through your requirements. Call us free from either a mobile or landline on 0808 296 3258.