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Herrington Carmichael: PRIVATE WEALTH: MAKING A CHEAP WILL IS A BAD IDEA!

by Advertising Feature
December 23, 2021
in Columns
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We all like a bargain, don’t we?

It is quite common to see Wills being advertised “on the cheap”, at the price of an average meal down the pub. However, Will writing companies have spent money to advertise at the top of internet platforms like google in order to sell you a Will on the cheap, the price is always very low – then it’s often an automated process you fill in the info and they print it out and produce a document to sign… but ask yourself:

• Is that Will tailored to me and will it do what it says?
• Will that cheap Will stand up under proper scrutiny?
• What will happen if something goes wrong with your Will and you are no longer able to correct it?
• Is that firm likely to be around when your time comes?
• Who is storing your Will, do you have the only copy?
• Does a cheap Will provider have the correct insurances?
• Can your homemade Will be edited?
• A cheap or homemade Will is really like most things in life – if it is too good to be true, it often is!

A Will is one of the most important documents that anyone can make when dealing with their Estate. You will spend your entire lifetime building your Estate, and you often know exactly who you would like to benefit from it (or, not like to benefit!) when you die. Is the document that can determine all of this only worth the price of a pub meal?

There is a lot to consider when making a Will. In the first instance, one must consider the Testator’s capacity, influences, possible claims against the Estate and Tax to name a few. Detailed notes and compliance with legal requirements contained therein are invaluable if a Will is challenged.

Why get a professional Will made?

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When you look at the bigger picture, disputes and challenges dwarf the cost of instructing a professional regulated by the Solicitors Regulation Authority and make that “cheap Will” ultimately not so cheap. We are also associated with bodies such as STEP, the Law Society, Solicitors for the Elderly and these bodies can provide you with the maximum protection and peace of mind that your affairs have been properly considered and are in good hands.

We must often deal with a home drafted Will, or a Will that has been drafted by Will writers who have provided a “guarantee” when the Will was drafted. However, more often than not, we find that these Will writers are no longer in business or are without proper insurance that would compensate disappointed beneficiaries.

Our Will Lawyers always recommend that you have your Will drafted after proper consideration with the assistance of a recognised professional Will Lawyer or writer. Otherwise, a cheap Will, may potentially see those you care the most about needing to see our Contentious Probate team instead when the time comes.

A professionally drafted Will by a fully qualified Will Lawyer is an investment that might cost you a few hundred pounds to put in place initially, but your estate lawyer will likely make it bespoke to you and your assets to offer better protection, safe storage and guarantees that cheap Wills don’t.

If you would like to make a Will, or speak to one of our Will Solicitors, our Private Wealth & Inheritance Team will be happy to assist you.

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