Do I need a solicitor to execute a will?

Qredible

A poorly written will resembles leaving the door wide open to family disputes. In the UK, a will serves as a crucial legal document that outlines how your assets should be distributed after your death. It also empowers you to appoint executors while ensuring your loved ones receive proper protection. While legally possible to draft a will independently, collaborating with a solicitor helps prevent costly mistakes and potential conflicts that might ultimately reach court.

Woman Signing a will in the Presence of Lawyers

Key Takeaway: Do I really need a lawyer to write my will?

It depends on your circumstances, but in many cases, professional guidance from a solicitor or lawyer offers peace of mind and legal certainty.

Continue reading to discover whether you can afford to proceed alone.

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Do you need a solicitor?

We will connect you with the right solicitor, near you.

Can you write a will without a solicitor?

Absolutely, it is entirely legal to write your own will in the UK, thanks to the provisions established in the Wills Act 1837. However, for your will to achieve legal validity, it must satisfy several key requirements:

  • Creation by someone aged 18 or over possessing sound mind (demonstrating testamentary capacity).
  • Voluntary signing by the testator (the person creating the will).
  • Signing conducted in the presence of two adult witnesses who remain present simultaneously and also sign the document.
  • Written format (whether handwritten, typed, or printed).
Legal Advice:
Provided these rules receive proper adherence, your will achieves legal validity under English law. Nevertheless, drafting your own will exposes you to significant risks. Consulting a solicitor ensures your will remains clear, legally robust, and far less susceptible to challenges during probate proceedings.

When should you seek help from a solicitor?

Consulting a solicitor or lawyer who specialises in wills and estates becomes highly advisable in more complex situations, including:

  • Blended families or children from different relationships, where precise asset distribution oroves crucial for avoiding disputes.
  • International assets, including overseas property or bank accounts, which demand consideration of multiple legal systems and international succession laws.
  • Businesses ownership, trusts, or other complex assets requiring expert guidance for proper estate planning and inheritance tax mitigation.
  • Potential beneficiary disputes, particularly when excluding certain heirs or designating specific legacies.

A solicitor can craft precise clauses that singificantly reduce the likelihood of court challenges while easing executors’ responsibilities during probate.

Advantages of using a solicitor specialised in wills and probate

Engaging a specialised solicitor delivers several compelling benefits:

  • Precise legal drafting that eliminates ambiguities while ensuring will validity under the Wills Act 1837.
  • Personalised advice tailored to your unique family and financial circumstances, facilitating effective estate planning and inheritance tax mitigation.
  • Error prevention that safeguards against common mistakes which could invalidate your will or trigger court disputes.
  • Streamlined administration that saves time while providing executors with complete peace of mind.
  • Secure storage of original will documents in professional solicitor storage facilities.
Conversely:
Drafting a will without professional assistance carries substantial risks: formatting mistakes, poorly constructed clauses, ambiguous language, probate delays, expensive disputes that may burden beneficiaries while potentially ending up in court. Executors often struggle with complex legal requirements, potentially facing personal liability for administrative errors.

FAQs

Can I change or update my will after it has been written? Certainly, you can modify your will at any time by creating a codicil or drafting an entirely new will. Consulting a solicitor ensures changes achieve legal validity and proper execution under the Wills Act 1837.

What happens if someone dies without a valid will in the UK? Their estate will be distributed according to the rules of intestacy, which may contradict their wishes. This can trigger family disputes, extended probate procedures , and potential court proceedings to resolve inheritance matters.

Writing a will represents a vital step in protecting your loved ones while ensuring your estate receives management according to your wishes after death. Collaborating with a specialised solicitor provides essential peace of mind while preventing costly legal complications that could ultimately reach court.

Secure your legacy!

Visit Qredible’s website to connect with a solicitor specialising in wills and probate to receive expert, personalised guidance.

KEY TAKEAWAYS

  • Your will must satisfy specific legal requirements under the Wills Act 1837 to achieve validity in the UK.
  • While drafting your own will remains possible, the risk of mistakes that could trigger court challenges proves substantial.
  • Engaging a solicitor ensures your wishes receive clear expression, legal soundness, and reduced susceptibility to probate complications.

Articles Sources

  1. gov.uk - https://www.gov.uk/make-will
  2. gov.uk - https://www.gov.uk/inherits-someone-dies-without-will
  3. citizensadvice.org.uk - https://www.citizensadvice.org.uk/family/death-and-wills/wills/
  4. gov.uk - https://www.gov.uk/applying-for-probate