There are a number of options available to you when deciding to write your will, though some come with more risks than others.
Typically, you have three options.
This blog will cover the pros and cons of each.
You may have seen the DIY will kits and templates offered by various high street retailers. You may have even heard that you can simply scribble down your wishes on a napkin.
The obvious benefit to writing your own will, using a template or not, is the fact that it’s free (save the cost of whatever template you use.)
However, that can be a false start. DIY wills may be free, but those who are not familiar with will writing requirements – such as the requirement to have two non-family member witnesses present when signing – often end up presenting a will that is poorly written, ambiguous or generally unclear.
This means that your will can be challenged later down the line, potentially costing you more money to make amendments, and certainly costing you time and convenience.
If a will is challenged, it can then be classed as void or voidable, meaning it can be fully or partially disregarded.
The worst case scenario for somebody with an improperly written will, is being challenged after they have already died, making disputes much more difficult to resolve.
At Open Law, it’s very common for our clients to say that they wish they’d come to us first, to save them the effort.
Will writers are professionals who are deeply familiar with will writing as a process, but do not possess the qualifications or legal expertise of a Solicitor.
The big advantage to hiring a will writer is that they tend to offer very competitive rates, but unlike Solicitors, will writers are not regulated, leaving open the potential for sales tactics like unsolicited canvassing or undisclosed fees.
Of course, there are plenty of effective will writers out there who provide a good, transparent service, but the lack of external regulation means finding the right one is less reliable than finding a solicitor. Like with DIY wills, if a will is not written correctly, it can face challenges further down the road.
It’s also worth pointing out that will writers work exclusively within the context of writing wills, requiring no training or wider legal knowledge. For straightforward wills, that may not be an issue, but for more complex wills with particular instructions and wishes, a Solicitor will be able to advise on more related areas which can have a significant impact on your estate, such as tax planning for inheritance.
As touched on above, Solicitors are fully qualified legal professionals regulated by the SRA.
They are trained not just in will writing, but the study and application of the law itself, and are therefore much more likely to be able to advise on a wider range of issues pertaining to wills and estates.
Being regulated means that solicitors are bound by duty to comply with regulations that protect consumers, such as being required to disclose the full fees for a will writing service from the point of enquiry. That provides greater transparency and reliability for finding a solicitor, as well as recourse for if you receive a poor service.
Solicitors are often the most expensive option, but the level of expertise they provide, coupled with the security of regulated professional standards means they are more reliable, often delivering greater value for money.
At Open Law, we believe will writing services should be open and accessible to all.
We start our fees at a rate of just £100.00, specifically because we aim to make writing a will an affordable option within a standard monthly wage.
We understand that conversations about wills can be uncomfortable or upsetting, and that’s why we centre our approach around empathy and compassion, drawing on our experiences as human beings, not just solicitors.
Get in touch today.
