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This week Lawpack (a legal publishing company) announced that it has agreed to sell a £4.99 do-it-yourself will in 7,000 UK newsagents. This follows on from a recent surge in similar packs coming onto the market and will writing companies being set up. Given that a 2007 survey carried out by the National Consumer Council warned that 27.5 millions adults in England and Wales do not have a will this new service may be good news….or is it?
Victoria Jones, Partner at MSI's UK South Coast law firm member, Lester Aldridge, specialises in contested wills and trusts comments, “Some of these alternative ways of making a will are acceptable provided that your will is very straightforward. However, in today’s society with complex family dynamics, most people’s wills now need to deal with many issues, for example, a second or third marriage, in which case these DIY services don’t cover.”
She adds “unlike solicitors will writing services are unregulated and the quality of service provided can vary substantially. In some cases, they employ no legally qualified staff, which can result in a badly drafted will.”
A lot of people also don’t realise that a will can be contested, especially where the drafting is unclear. The consequence of this is that their wishes might not be carried out after their death and their family may be left to pick up the pieces usually at a significant cost.
Victoria has seen the number of contested wills increase year on year which she believes is a cause for concern, she says “it is frustrating when some cases I see have been caused by something as simple as someone failing to sign their will correctly. This is usually because they were not made aware of the fact that there is a specific procedure which must be followed. A failure to do so usually results in their will being invalidated.”
The legal costs involved in sorting out an invalid or poorly drafted will are huge in comparison to the cost of originally paying a solicitor to draft your will. There is also the impact which a will dispute can have on family relationships to consider.
By taking preventative measures at the time the will is made there is less chance of any problems occurring after the person has died.
Victoria recommends "the best way to reduce the risk of problems occurring is to seek legal advice when the will is drafted and to discuss how your family issues can be dealt with in the will”
She adds “most people wouldn’t attempt to draft the documents to buy their home or settle their divorce– so why take a similar risk with something equally if not more important?”
For more information
Please contact Hannah Griffiths at Lester Aldridge
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