The pitfalls of DIY wills
Register for free to read more of the latest local news. It's easy and will only take a moment.
Sponsored content
Annabelle Gow a senior associate in Harper Macleod’s private client team
In this age of TikTok trends and life hacks to help us counter the rising cost of living, it’s become fashionable (and sometimes necessary) to try our hand at things which we might usually leave to the professionals.
However, there are jobs for which it is best to take expert advice. It’s not a new phenomenon but we’ve seen an increase in the amount of do-it-yourself will writing services on the market.
While they might be suitable for some, we’ve also seen an increase in the number of DIY wills which don’t take into account some important legal factors or family circumstances, particularly in Scotland where the law differs from the rest of the UK.
In many cases, the DIY document will leave an ambiguous position which might be for the Court to determine, leaving the estate suffering a much larger expense at the end of the day.
There is often a false economy to constructing your own will. You might think it’s saving you some money but, in many cases, it will often turn out to be more expensive for those around you after you’ve passed.
At the same time, and we see this too often, a will is contested because it was not properly drawn up, leading to family disputes. These disputes become so entrenched that they are often difficult to reconcile. We are sure that the deceased would not have wanted to cause expense, uncertainty and upset in their family.
Some people might think of it as a morbid exercise, or they aren’t able to contemplate their own death, but drawing up a will is a responsible process which means your family can find comfort and closure in your clear instructions.
A will can also help to improve the inheritance tax position.
What are some of the common issues arising from DIY wills?
The most common problem we see is a DIY will not being signed on every page. Lots of the information on the internet provides advice on preparing an English will, which doesn't need to be signed on every page. It’s a fundamental part of the Scottish legal system that important documents such as wills need to be signed and dated on every page.
Another common problem we see is that the person creating their own will hasn’t appointed an executor or trustee – these are the people who would administer the estate and deal with everything that needs to be dealt with, such as gathering and distributing the assets.
Every will also needs to have an appropriate witness – someone who is over 16 and independent of the person creating the will. It could be troublesome if the will is witnessed by a close family member or friend who is also a beneficiary.
We also see a lot of ambiguity when it comes to writing your own will and a lack of clarity about what you want to happen. For example, you might want to leave an expensive set of golf clubs to “Chris” but then we discover there could be a Christopher or Christina who you play golf with and both believe they are to be the beneficiary.
Finally, a common problem is when the principal will has been lost. In Scotland, we talk about a principal will as the original wet-signed document – the actual piece of paper. In today’s world where everything is moving to a digital state, a principal will is still required. In Scotland, having a digitally-signed will isn’t sufficient. Many solicitors will hold the principal wills on behalf of their clients.
A longer version of this article will soon be published in The Brief, Harper Macleod’s dedicated magazine for individuals and families. Contact us for more advice on drawing up a will, if you want to review an existing will, or to receive a copy of The Brief.
