Do you need a solicitor to make a will?
No, you do not legally need a solicitor to write a will in the UK, but for many people it is the safest and most reliable way to ensure their wishes are properly recorded and upheld after death.
While anyone over the age of 18 can legally draft their own will, doing so without professional input can be a complex and risky undertaking.
A will is more than just a list of instructions, it is a legal document with binding consequences and any errors in its drafting or execution can lead to confusion, conflict or even complete invalidation.
The law surrounding inheritance, taxation and probate is nuanced, and even straightforward estates can lead to complications. Though it may seem appealing to avoid legal fees without a solicitor and do it alone, the true cost of a poorly drafted will can be paid by those left behind.
Can anyone write their own will?
Yes, technically anyone can write their own will as long as they are over 18 and of sound mind. It is perfectly legal to use a DIY will kit or draft one on a piece of paper. However, the process is not always as straightforward as it seems.
There are specific legal requirements that must be followed, including proper witnessing and signing, to make sure the will is valid.
Even a small mistake, such as using the wrong wording or missing a signature, can lead to the will being contested or declared invalid altogether later on.
Why do people avoid using solicitors?
Many people choose not to use a solicitor simply to save money. A basic will written by a solicitor can cost between £150 and £300, and more complex estates can push that fee even higher.
For those who believe their affairs are simple, perhaps leaving everything to a spouse or child, a DIY option can seem appealing. However, simplicity on the surface can be deceptive.
People often do not consider issues like inheritance tax, guardianship or how their assets are held. A recent survey found that 59% of UK adults do not have a will at all, and of those who have created one, 13% have done it themselves without any legal advice.
What are the risks of creating a will yourself?
When creating a will without legal guidance, it is easy to overlook important elements. If the person named as executor dies before you, it can create delays or confusion during probate unless an alternative has been clearly appointed.
Furthermore, beneficiaries may fall out with one another, especially in emotionally charged situations, which can lead to disputes over the contents of the will. According to Citizens Advice, around 1 in 5 homemade wills lead to some form of dispute after death.
Likewise, in cases where someone has remarried or has step-children they wish to include, careful wording is essential to ensure that everyone intended to inherit is properly recognised under the law. These are not unusual scenarios, yet they are often missed in homemade wills.
A solicitor is trained to anticipate these complexities and ask the questions that most people would not think to ask.
Mistakes in a will can lead to protracted probate proceedings, legal disputes between family members and unnecessary stress at an already difficult time.
When is it especially important to use a solicitor to write a will?
If you own property abroad, have children from previous relationships, run a business or have substantial assets, using a solicitor is strongly advised when writing a will. These are all examples of situations where the distribution of your estate could be contested or where unintended tax consequences might arise.
A solicitor will not only ensure the document is valid but will also help you structure your affairs in the most tax-efficient way. They can also securely store your will and register it with the National Will Register, reducing the risk of it going missing or being challenged.
What can a solicitor do that a will kit cannot?
A solicitor provides not just technical accuracy but also peace of mind. They can help you interpret legal language, clarify your intentions and ensure every clause is enforceable.
They will guide you through the many possible scenarios such as a beneficiary passing away before you, a potential challenge to the will from a disgruntled relative, or your decision to deliberately exclude someone from inheriting. These are not simple boxes to tick on a form; they are decisions with emotional and financial consequences.
A good solicitor also keeps thorough records of your instructions and mental capacity at the time of writing, which can become crucial if the will is ever contested.
Can anyone get legal advice for a will?
Yes, while complex estates may benefit more from legal input, even modest ones can become contentious. Family dynamics, second marriages, estranged relatives and personal items with sentimental value can all lead to dispute.
For a relatively small fee, having a solicitor draft your will can help prevent thousands of pounds being spent later on litigation.
How often should a will be reviewed?
Whether you write your will yourself or use a solicitor, it should not be a one-time task. Life changes affect how your will is structured including:
- Marriages
- Divorces
- Children
- House moves
- Business ventures
- Inheritances
Solicitors often offer a review service to keep your documents up to date and compliant with the law.
A will written 10 years ago may no longer reflect your current relationships or financial situation, and a solicitor can help you make amendments without invalidating the original document.
What happens if you die without a will?
If you pass away without a valid will, the law decides who inherits your estate. This might not align with your personal wishes.
Unmarried partners, stepchildren and close friends are not entitled to anything unless specifically named in a will. Without proper planning, you risk leaving your loved ones with confusion, delay and the possibility of costly disputes.
Writing a will is about clarity, fairness and protecting the people and causes that matter to you. A solicitor does not just help you write a document, they help you create certainty in an uncertain future.
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