What are the Pitfalls of Writing Your Own Will?

Creating a will is an essential step in ensuring your assets are distributed according to your wishes after your passing. While writing your own will may seem like a simple and cost-effective option, there are several risks involved that could lead to legal complications, disputes, or even the invalidation of your will. Below are some common pitfalls to consider before opting for a DIY will.

1. Ambiguous Language – Poorly worded instructions can cause misunderstandings or conflicts among beneficiaries, which could ultimately lead to legal disputes regarding your estate.
2. Improper Execution & Witnessing –At least two witnesses must sign the will to say they witness you sign the will in their presence. If this requirement is not met, the will may be challenged or voided.
3. Incomplete Asset Coverage – If you overlook certain assets, they may not be distributed as intended and could be subject to the Intestacy rules which may not distribute your estate as you intended.
4. Failure to Update – Significant Life events such as marriage, divorce, or the birth of children may require updates to your will. An outdated will might not reflect your current wishes.
5. Increased Risk of Disputes – DIY wills are more susceptible to being contested due to potential claims of undue influence or lack of mental capacity.
6. Overlooking Taxes & Debts – Effective planning is essential to prevent your beneficiaries from encountering unwarranted tax obligations or unforeseen liabilities due to existing debts.
7. No Contingency Planning – If a beneficiary predeceases you, the will should specify alternative arrangements to avoid legal confusion.
8. Failure to Name Guardians for Minor Children – If you have minor children and do not appoint a guardian, the court will make this decision, which may not align with your wishes.
9. Risk of Loss or Damage – A physical copy of a will can be lost or damaged which can complicate the probate process. Therefore, it is essential to ensure appropriate storage and, where relevant, registration of the document.

While a DIY will may seem appealing, it poses significant risks of being challenged or being invalid. To ensure your wishes are legally protected and executed as intended, consulting solicitor is often the best course of action. Investing in professional guidance can provide peace of mind and safeguard your legacy for your loved ones.

Article dated 19/03/2025