An increase in DIY Wills has caused an increase in probate disputes being heard at the High Court, which has highlighted some of the key issues with the self-made Wills.
DIY Will kits and templates can be obtained for a relatively small fee, but the process of creating a Will is complicated and many people are creating documents that contain errors and do not comply with the relevant legal requirements.
The High Court heard 368 cases about probate in 2018, which represents an increase of 62 per cent in comparison with 2017 when 282 cases were heard, while the High Court heard 227 cases in 2016.
Experts have stated that an increase in the popularity of DIY Wills has contributed to the increase in High Court probate cases.
It’s essential that individuals seek professional legal advice when creating a Will, as costly mistakes can be easily avoided with expert advice.
Other key legal information can be missed without the correct advice. If the executor of a Will is also a beneficiary, then this is a definite conflict of interest, but without professional legal consultation, people often make this mistake when preparing a Will.
There is also a danger with some DIY Wills that firms can insert clauses that are beneficial for their parent companies, with hidden costs for storage and retrieval of the Will that aren’t clear beforehand.
Christina Blacklaws, President of the Law Society, said: “With the range of different estates and circumstances that exist, it is vitally important people consult a professional when writing their Will. Probate law is complex and DIY Wills can easily contain mistakes which render them illegitimate or difficult to administer.”
To ensure that your Will is legally binding, and to avoid lengthy probate disputes, contact our expert team today.