We’ve all seen the adverts: quick, cheap, and supposedly simple will-writing services that promise to handle everything for a fraction of the cost of using a solicitor. But when it comes to your legacy, and the wellbeing of your loved ones, it’s worth asking: is a cheap will really worth the paper it’s written on?
In this article, Louise Williams, Partner in our Probate Department, looks at when and why it’s necessary to seek the advice of a legal professional when making or amending your will.
The truth is, making a will isn’t just a box-ticking exercise. It’s a legal document that carries serious weight. And while it may seem straightforward to jot down your wishes and sign on the dotted line, the reality is far more complex—and the risks of getting it wrong can be high.
Can’t I just write that I leave everything to my next of kin?
In theory, yes – you can write a will yourself, and even declare that everything goes to the person(s) you wish. But in practice, it’s rarely that simple.
- What happens if that person dies before you?
- What if you have jointly owned property, overseas assets, or children from previous relationships?
- What if your estate is subject to inheritance tax?
- What if someone contests the will?
- What if the Will is not signed and witnessed properly
A vague or badly worded will could lead to confusion, disputes, delays, or even legal action. It could also mean that your wishes are not carried out in the way you intended.
When you need a solicitor to make a will
There are several situations where it is strongly advisable – if not essential – to use a solicitor when making your will. These include:
- Owning property or assets – particularly in more than one country
- Being part of a blended family (e.g. stepchildren or second marriages)
- Running a business or holding shares
- Wanting to protect assets for children under 18
- Caring for someone with a disability
- Wishing to exclude someone who might expect to inherit
- Wanting to create trusts or plan around inheritance tax
- Having a complicated financial or personal situation
A solicitor will take all of these factors into account, ensuring your will is both legally valid and fit for your personal circumstances.
What a solicitor can do that others often can’t
Using a solicitor ensures your will is drafted, checked and signed with legal precision. At Hutchinson Thomas, our experienced team can:
- Make sure your will is valid and complies with current law
- Help you understand complex terms and the legal implications of your choices
- Advise on tax planning and asset protection
- Structure your estate effectively if you’re setting up trusts or providing for dependants
- Minimise the risk of disputes by taking the appropriate steps
- Store your will securely and ensure it’s easy for your executors to access when needed
We also keep detailed notes of your wishes and instructions – an important safeguard in case your will is ever challenged.
Peace of mind that’s worth the cost
A will is one of the most important documents you’ll ever make. It can ensure that your loved ones are provided for, your estate is distributed fairly, and your wishes are honoured. Cutting corners might seem appealing at first, but it can lead to significant costs and distress down the line.
Using a solicitor gives you peace of mind – not just that your will is legally sound, but that your legacy is protected.
At Hutchinson Thomas, we offer clear, compassionate advice tailored to your circumstances. Whether you’re making a will for the first time, updating an existing one, or dealing with more complex estate planning issues, our team is here to help.
Get in touch today to arrange a consultation with one of our expert solicitors.