A Will is one of the most important legal documents a person can have.
Regardless of your age, health, wealth or relationship status, everyone over the age of 18 should have a Will. Making a Will is the only way to ensure your assets pass to your intended beneficiaries after your death.
It can be tempting to try to write your Will yourself using an online template. However, DIY and poorly drafted Wills, often made in an attempt to save money, can lead to complications further down the line.
A homemade Will which is inaccurate or ambiguous can be declared invalid or could be subject to challenges at a later stage. A homemade Will may create an unnecessary Inheritance Tax bill for your beneficiaries.
Using a specialist solicitor to help write your Will has numerous benefits.
 1. A solicitor will ensure it is legally valid
Making a will can be a complex process. To be legally valid, a Will must meet certain criteria. The person making the Will (the ‘testator’) must:
- Be aged 18 or over.
- Make it voluntarily.
- Have the necessary testamentary capacity.
- Make it in writing.
- Sign it in the presence of two witnesses who also add their signatures.
 An experienced solicitor/ a legal professional will ensure your Will complies with all the necessary formalities and is executed correctly. A solicitor will advise who can and who cannot act as a witness.
A solicitor will also assess whether additional steps need to be taken where the Testator is elderly or in the early stages of dementia and there is a risk of their testamentary capacity being questioned and their Will challenged.
 2. Solicitors provide comprehensive advice.
Solicitors are regulated and have the necessary qualifications and training. They will work with you to create a Will that accurately reflects your estate and your wishes. Solicitors will ask the right questions to address the often complex issues associated with drafting a Will. They will identify and bring to your attention any other matters relevant to your circumstances, such as Lasting Powers of Attorney and the various types of property ownership and their implications for the purposes of devolution of assets on death.
 3. Part of estate planning.
Inheritance tax and estate planning is another reason for making a Will. If you do not have a Will, or your Will has not been reviewed by a qualified professional, the beneficiaries of your estate may be surprised by an unexpected inheritance tax bill.
Solicitors can also advise on wider issues, such making lifetime gifts, and recommend other estate planning strategies alongside a Will.
 4. Avoid mistakes and lack of clarity.
Drafting a Will is complicated. It requires careful wording to ensure that your wishes are reflected accurately. Making a will without using a solicitor can result in mistakes or something not being clear.
A gift will fail for uncertainty if it is impossible to identify either the beneficiary or the object of the gift. This could lead to costly and lengthy court proceedings in which the court may have to decide what the testator intended. There are many other reasons why a gift made by Will may fail, and a solicitor will ensure that your Will is drafted accurately, and your estate passes to the intended beneficiaries.
 5. Reduces chances of Inheritance Act claims.
You are free to leave your estate to anyone you choose and exclude individuals you do not want to benefit. However, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to bring a claim against the estate if they believe unreasonable financial provision has been made for them.
If you want to leave out certain beneficiaries from your Will, there are steps that you need to take to reduce the chances of a subsequent claim under the Inheritance Act being made successfully. A solicitor can advise you on the best way to proceed.
 6. Peace of mind.
Legal terminology can be confusing. Attempting to write your own Will or using a template you find online can be dangerous, particularly if your financial or family circumstances are not straightforward.
Seeking the advice of a solicitor who specialises in Wills is particularly important if you:
- Are cohabiting.
- Own property with a person other than your spouse.
- Have recently divorced or remarried.
- Have children from a previous relationship.
- Own a business or agricultural assets.
- Are not permanently resident in the UK.
- Wish to make provision for a dependant who cannot care for themselves.
Will Writing Solicitors in Gloucester and Cheltenham
At Langley Wellington LLP, we have an experienced team providing comprehensive legal advice on Wills and estate planning.
We have a range of options available to ensure that you get the Will and the advice that suits your needs.
To speak with our Will Writing lawyers in Cheltenham and Gloucester, please call 01452 521286, email lawyers@langleywellington.co.uk or make an online enquiry.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
