Property prices have risen dramatically over the recent years, and so has the number of inheritance claims. According to reports this, along with the increase in homemade Wills, especially during Covid lockdowns, and the use of DIY online Will writing services, has increased the number of disputes between family members over estates by 60%.
Because of the lack of knowledge of the law and understanding about how Wills must be written, or if the online Will is not made in full knowledge of potential issues, the deceased’s wishes written in the Will may be ambiguous -one family member can read the Will as if it means one thing whereas another can place a completely different interpretation on the wording. These ambiguities can lead to very costly family disputes.
We have seen many errors in homemade Wills including: -
- The Will not being correctly signed and witnessed. In one case the Will was witnessed by the wife of one of the deceased’s sons (who had fallen out with his brothers) but her having done so meant he lost his inheritance.
- The Will says, “I leave my house to my daughter and the rest of my money to my son.” However, the house was sold in the deceased’s lifetime to fund care home fees so the daughter receives nothing, and the son receives all the remaining cash.
The statistics show that there is a greater risk of a homemade Will being challenged on the basis that the deceased was influenced or did not understand what they were signing. A professionally drawn Will is less likely to be challenged as the solicitor will have experience in ensuring the Will complies with the law, deal with all the “what ifs” and use wording which has a clear legal meaning and interpretation.
The only advantage of a homemade Will is the cost saving. However, that saving is insignificant when compared to the costs of a disputed Will .
Whilst writing a Will may not be the top of your to do list having a clear well drafted Will will ensure your wishes are followed.
For more information please contact one of our solicitors:- Penny Smith, Marie Slavov, Chris Halliwell or Joan Smith.