Dangers of Making a Homemade Will

23rd March 2017
Dangers of Making a Homemade Will image

Dangers of Making a Homemade Will

In recent months we have seen a number of homemade Wills brought to us following the death of a family member or friend. Suffice to say, a homemade Will is often cheaper than using a firm of solicitors to make a Will but, in the long run, this can cost the surviving family members or friends a great deal in terms of the cost of rectifying any errors (if possible) or legal fees in bringing a claim against the estate as well as the unnecessary stress and heartache at what is already a difficult time.

Whilst we are more than willing to assist with the administration of an estate with a homemade Will, this article provides a brief indication of the dangers involved.

It is common practice for close family members or friends of a person making a Will (a Testator) to complete the Will on their behalf, particularly if that person is suffering from ill health. If those close family members or friends are due to substantially benefit from the Will then this could be classed as undue influence and those due to benefit may need to provide evidence to remove the suspicion.

There are stringent rules in place with regard to the signing of a Will (attestation) and one of the reasons for such stringent rules is to assist with the prevention of fraud. If the rules are not followed correctly then the Will may be invalid and could not be admitted to probate. If this is the case then it may be that a loved one is considered to have died intestate (i.e. without a Will) and their estate may pass to someone they had never intended. Whilst it may be true that the Testator has never seen their long lost relative(s) for many years, where there is no Will or no valid Will then the intestacy rules must be followed and this is exactly who the beneficiary could be. Those the Testator would want to inherit could receive nothing.

Additionally, a beneficiary of a Will cannot be a witness to the signing of a Will, otherwise they will forfeit their entitlements and would receive nothing.

In some cases a Will may be valid in that it has been correctly attested however where certain parts of the Will have not been completed then this could result in a “partial intestacy” and, again, some or all of the estate may pass to people the Testator had never intended. Where a Will has been incorrectly completed or where the wording is ambiguous then this could cause the family or friends unnecessary expense as an interpretation or construction of the Will may be required which may or may not result in the expected outcome.

Although it may be obvious from the circumstances of the Testator or it may seem obvious from the terms of the Will, if every element of the Will has not been correctly completed then the estate may pass to those who were never intended to benefit. Whilst there is the possibility that a claim may be brought against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 by those who have effectively been disinherited because of an invalid or incorrectly completed Will, there are only certain categories of people who may bring such a claim and they are not guaranteed to be successful. In addition, such a claim could be costly, time-consuming and can be stressful.

It is therefore clear that there are many pitfalls to making a homemade Will and whilst there is a slight saving to be made by making a homemade Will, there are many dangers involved that could become very costly and the intended beneficiaries of a Will may find themselves disinherited. It is therefore always recommended to seek professional advice when creating a Will to avoid such pitfalls.  Our fees for making a single Will are £135 plus VAT or £220 plus VAT to make mirror Wills (usually for couples). The expense incurred at this stage could save your family and/or friends incurring unnecessary expense and stress in the future.

To discuss Wills, please contact one of our lawyers in the Wills and Probate Department:-

Jamie Dobbs- jamie.dobbs@maplessolicitors.com

Jane Mawer- jane.mawer@maplessolicitors.com

Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office 01775 722261 and ask to speak with one of the team


Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

Read More

Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.