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Dos and don’ts when writing a Will to ensure compliance and reliability

Writing a Will is one of the most important steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes.

Yet, despite its importance, many people make mistakes that could lead to disputes or invalidate their Wills altogether.

With recent concerns raised by the Competition and Markets Authority (CMA) regarding unregulated providers of Will-writing services, it is more important than ever to seek professional advice from a trusted solicitor.

Here are some key dos and don’ts to keep in mind when writing your Will.

Do seek professional advice

The CMA recently published compliance guidance for unregulated providers of Will-writing services, highlighting concerns about standards and compliance with consumer law.

This guidance shows the risks of using unregulated providers, especially when dealing with sensitive matters like Wills.

By working with our team of regulated solicitors, you can trust that your Will is compliant and legally binding, ensuring your wishes are honoured.

2. Do be clear and specific

One of the main reasons for disputes over Wills is vague or unclear language.

When writing your Will, ensure that you clearly define who will inherit specific assets.

Ambiguities can lead to costly legal challenges, with loved ones potentially disputing what was intended.

3. Do consider all your assets

A thorough Will should account for everything you own.

This includes tangible items like property and money, and also digital assets such as online accounts, intellectual property, and investments.

We can help ensure nothing is overlooked, offering peace of mind that all your assets are protected.

4. Do review and update your Will regularly

Circumstances throughout life will inevitably change, whether it is by marriage, a new addition to the family, or acquiring assets.

You should review and update your Will periodically to reflect these changes. Not doing so could result in assets being distributed in ways you no longer wish.

5. Do choose executors you trust

Your executors will be responsible for ensuring your Will is carried out according to your wishes.

Choose people you trust, who are capable of handling the responsibilities involved, and be sure to discuss this decision with them beforehand.

6. Don’t overlook the importance of specifying guardians for minor children

If you have children under 18, you should be naming guardians in your Will.

Failing to do so could leave their care in the hands of the courts, who may make a decision that does not follow your wishes.

By clearly specifying trusted guardians, you can ensure that your children are looked after by those you trust most.

7. Don’t forget to sign and witness your Will correctly

A Will that is not properly signed or witnessed is not legally valid.

This is a simple but crucial step that many people overlook when attempting to draft a Will on their own.

The legal requirements for witnessing a Will are strict, and our solicitors will ensure these are correctly followed to avoid invalidation.

8. Don’t assume a DIY Will is sufficient

While there are DIY Will kits available, they often do not provide the legal protection needed for more complex estates.

Mistakes in DIY Wills can lead to disputes, and these can be far more expensive to resolve than the cost of hiring a solicitor in the first place.

The CMA’s concerns about standards in unregulated services further highlight the risks involved.

9. Don’t forget about Inheritance Tax

Inheritance Tax (IHT) can impact the value of your estate, especially for larger estates. Do not make the mistake of ignoring IHT when planning your Will.

We can help you structure your estate in a tax-efficient way, ensuring your beneficiaries receive as much of your estate as possible.

10. Don’t delay writing your Will

One of the biggest mistakes is simply not getting around to writing a Will.

Life is unpredictable, and having a valid, up-to-date Will ensures your assets will be distributed according to your wishes.

Delaying this important task leaves your estate at the mercy of intestacy laws, which may not align with your intentions.

With the CMA’s recent compliance guidance raising concerns about unregulated providers, it is clear that the quality and legal standards of Will writing services can vary widely.

By working with our regulated solicitors, you can ensure that your Will is legally sound and compliant and reflects your specific wishes.

Speak with us today for expert guidance and support in writing your Will.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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