Why you should instruct a Solicitor to Create your Will

When it comes to writing a will, whether it’s your first time or you need a full update, there is a lot of conflicting information to be found about how to do this correctly. While some sites offer online options, or the ability to purchase a packet of paperwork to do-it-yourself, many people prefer to consult with a legal professional or solicitor.

In this article, we will explore the benefits of instructing a solicitor to assist in writing your will, what steps you need to take before your first consultation, and what the risks are for the do-it-yourself will writing options. Read on to find out more.

What are the benefits of working with a solicitor to write my will?

As well as helping you navigate the potentially complex steps of writing your will, there are a number of other benefits to instructing a solicitor to assist you. These include, but are not limited to:

• Preventing mistakes or oversights. Will and probate solicitors are experts in their field, and are able to review your will to ensure that it is legally binding, and there are no issues with the document that could make it invalid. Every will in unique, and instructing a solicitor to give you advice that is tailored to your situation and circumstances is the best way to ensure that your will includes everything that you need it to. 

• Legal advice and reassurance. Many people underestimate how intricate the process of writing a will is, until it is time to do so. Filling in your will online, or with a do-it-yourself pack could leave you feeling confused, frustrated, and unsure if you are making mistakes. A solicitor can guide you through the process, answer any questions you may have, and allow you to feel confident that you have completed all the necessary paperwork involved. 

• Estate planning. As well as advising you on the actual process of writing a will, solicitors can also offer advice on estate planning too. They may be away of certain government schemes which may allow you to bypass unnecessary fees and taxes, leaving your loved ones a larger portion of your estate. Working with a solicitor can save you money in the long run, even after you have paid for their services.

• Protection of personal wellbeing and assets. Working with a solicitor allows you to get bespoke advice, based on the assets included in your estate, and your current family situation. If you’re concerned that your will may be contested, or that you may be left vulnerable if your capacity diminishes, solicitors are able to put legal safeguards in place to prevent this. A solicitor will work in your best interests, providing valuable third-party insights, and even highlighting areas where your existing will leaves you vulnerable.

What are the risks of not writing my will with a solicitor?

While it isn’t a legal requirement to have a solicitor advise you on the writing of your will, not seeking legal advice can leave you open to some unfortunate possibilities. The risks of not engaging with a will and probate solicitor are:

• Your will may be invalid. There are a number of reasons that a will may be found to be ‘invalid’, and therefore not legally binding. For instance, if the will wasn’t signed or witnessed in accordance with the law, the contents may not be upheld. Working with a solicitor will ensure that the legal process for creating a will is followed to the letter, and that the will can therefore be executed without issue. 
• Your will may be contested. If your will has been improperly written or administered, people may take advantage of legal loopholes to contest the will. This can be difficult to address once the testator (the one who writes the will) has passed away, and it may mean that their wishes in terms of burial or the distribution of  their estate are not upheld.

• Your will may not be comprehensive. When writing your will, it can be very easy to forget to include certain assets, such as cars, jewellery, or sentimental items. Working with a solicitor means they can prompt you to create a full inventory of your estate, so that no items are left out of the will, and there won’t be any dispute over who inherits them. 

• You may lose money in unnecessary fees and taxes. Will solicitors are able to offer advice to help you avoid unnecessary fees, and take advantage of government schemes to help you save on taxes such as inheritance Tax (IHT). Without this insider knowledge, you may end up paying more to complete your own will, and miss out on potential savings that would help you preserve more of your estate. 

What type of solicitor do I need to assist with my will?

In order to write a will which is valid and comprehensive, you should instruct a wills and probate solicitor to help you to draft, sign, and register your will. Wills and probate solicitors are legal professionals who specialise in the field of wills, estate planning, and probate, so are best-placed to advise you on your last will and testament. To speak to a member of our wills, trusts, and estates team, you can submit an enquiry via the form on our homepage. A member of the team will be in touch shortly to match you with the best wills solicitor for your situation. 

Although some other professionals, such as accountants or financial advisors, may offer will-writing services, they may not be best-placed to advise on the legal side of your will. As wills are a legally binding document, we’d always recommend speaking to a legal professional or trusted solicitor before submitting your final will document. 

Online will-writing services and do-it-yourself options carry similar risks, as they do not offer a bespoke service which is tailored to the individual, but rather a one-size-fits-all approach. Every estate, and therefore every will, is unique, so it’s important to protect your estate by instructing a solicitor and ensuring all of your assets are protected with a valid, solicitor-approved will.

Video Guide: Why should I instruct a solicitor to prepare my Will?

In this handy video guide, one of our accomplished wills and probate solicitors, Umar Shaikh, shares his insights into why instructing a solicitor to prepare your will is the safest, and why opting for an unregulated, online will-writing service can be so risky. Watch the full video below for Umar’s expert comments on the topic.

Why should I go to Anthony Gold for my will writing?

Will writing is unregulated and that everyone can offer Will writing services regardless of their knowledge or experience in the field.

At Anthony Gold, you can rest assured that your Will will be written by a qualified solicitor with experience and expertise in writing Wills that reflect your individual circumstances and wishes.

One size does not fit all, as many online Will writers will try to suggest. Instructing a solicitor is beneficial as they are able to explain your options, advise you of the tax implications and make suggestions for you to consider to make sure that your Will perfectly represents your wishes.We consider the deeper complexities that can arise after death, and we write our clients’ Wills to include the appropriate contingencies, providing them with the utmost reassurance that their affairs will be dealt with properly.

You may be able to find cheaper Will writing services elsewhere, but you won’t find a better, more comprehensive service. Of course, using qualified and experienced solicitors has an impact on the cost, but we believe that you can’t put a price on peace of mind, and an improperly written will could cost you and your loved ones dearly in the long run. That said, we pride ourselves on our transparent pricing, and will make sure to agree a price with you beforehand for your will-writing services, so that you know what to expect. Contact us for a quote now, via the enquiry form on our homepage.

What do I need to bring to my first will-writing consultation?

Although your solicitor will confirm what documents and information you will need to bring to your first will-writing consultation, the standard documents that most wills and probate solicitors require include: 

• Photo identification, to confirm your identity and that you are making this will on your own behalf, rather than fraudulently, or on the behalf of somebody else.
• A detailed list of assets. Your solicitor will likely interview you to check that no common assets have been forgotten (for instance, stock and bonds, or physical assets like cars and jewellery), but making an inventory of your estate yourself can help to prevent delays in the will-writing process.

• A detailed list of liabilities. It is also a good idea to bring a summary of any mortgages, loans or other debts that you possess, so that your solicitor can factor these into your will and estate.

• Details of loved ones. Providing up-to-date contact details for your beneficiaries can save time when the time comes to initiate probate. If anybody you know has moved house without your knowledge, it’s better to know this as early as possible, so that all documentation is consistent and current.

• Details of executors and guardians. As above, make sure you have the contact details of your name executors and guardians to hand.

• Your unique requirements. Although your solicitor will guide you through the will-writing process, having a general understanding of how you’d like your estate to be distributed can help you to get the most out of your initial consultation. Think carefully about what you would like your will to include, such as any charitable donations, burial arrangements, and care provisions for your dependants.  

Do I need to come to your office to make a will?

Every client has individual needs and circumstances when it comes to writing a Will, and one size does not fit all. We need to know the individual circumstances of our clients in order to offer the tailored service that we do. We give proper attention to that which needs attention, and therefore always recommend that clients come in to see us so that we can understand their specific needs and exactly what it is that they want to achieve. Therefore, we do advise our clients to visit one of our offices in order to write and prepare their Last Will & Testament with a member of our expert team. 

Our fees include an initial appointment with a solicitor, the drafting and engrossing of your will, witnessing your signature and holding the Will in safe storage. In addition, and with your instructions only, we register the existence of your Will (but not its contents) on a database known as Certainty the National Will Register, which may help to provide additional reassurance that your executors will be able to find your Will after you have gone.

Write your Will with Anthony Gold

At Anthony Gold, our experienced team of will-writing experts are on-hand to ensure your will is legally binding, registered correctly, and that all of your assets and legacies for loved ones are protected. To arrange an appointment, you can submit an enquiry via our homepage, or contact us on the phone at 020 7940 4000. You can also visit our contact page if you’d like more options to get in touch with us. 

For more helpful articles like this one, be sure to check out the Anthony Gold blog, for expert comments on a wide range of legal topics.