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Are D.I.Y Wills an Example of False Economy?

By Jo M Robinson

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Republish: EasyPublish
Published: 22Oct2009
Word count: 425
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D.I.Y Will packs can easily be purchased from many different stationers for a very low fee. The person buying the pack then writes their own Will in line with a Will Writing guide that is usually included in the pack.

Problems often occur however, when a person attempts to make their desired wishes fit the framework of the D.I.Y Will. Drafting errors can cause the Will to be open to misinterpretation, and may even render the Will useless.

Lawyers make a lot more money sorting out badly drafted Wills and dealing with claims against those Wills than they make for drawing up Wills. DIY is OK for home improvements, but, unless you're extremely confident and knowledgeable, it's not for Will writing.

Problems may also arise if the Will has not been correctly executed (signed and witnessed), which may result in the Will being declared invalid. A Will should always be signed and dated in the presence of two independent witnesses (who must not be named as beneficiaries in the Will, or married to the beneficiaries mentioned in the Will), and the independent witnesses must also sign their names on the Will in the presence of each other and the person making the Will.

Not taking care of details such as this can prove very costly and sometimes distressing for those left to deal with it.

In this example we look at what is required to create a Mirror Will, one of the more common Wills. As you can see, there are multiple points to consider meaning the margin for error is wide due to the detail required.

1. Who you would wish to appoint as executors and trustees 2. Who you would wish to appoint as a guardian for your children if they are under the age of eighteen

3. Whether you would like to leave any gifts of money or property (such as jewellery or other personal items) and if so, the full names and addresses of the beneficiaries

4. Who you would like to receive the remainder of your estate in the event that you have both passed away

5. At what age you would like minors to inherit. The legal minimum age is 18 however, this can be increased to say 21 or 25

6. Whether you would like to include any funeral instructions such as burial or cremation

By making a professionally written Will with a suitably qualified lawyer, many of the potential pit falls mentioned in this article can be avoided and what's more - it actually doesn't cost the earth to get this right.

Jo Robinson is head of operations at FB Wills Direct a division of Flint Bishop Solicitors. Find out about making Wills online quickly and cheaply at our web site www.fbwillsdirect.com or contact jo.robinson@flintbishop.co.uk

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