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25 Jul 2024

Wills & Probate

Why Should I Use A Solicitor For A Will?

Writing your own Will without legal advice from a solicitor could lead to many mistakes.

Writing a Will is something many people don’t consider a necessity until later on in life.

No one likes to think about the prospect of them not being here, but there comes a time when it’s critical to consider what will happen to the things you own and the people you love when you’re gone.

If you die without a Will, certain rules ‘dictate how the money, property, or possessions should be allocated’, and this might not follow your personal wishes, especially if you have children.

Do You Need A Solicitor To Write A Will?

Although it’s not a legal requirement, it’s highly recommended that you use a solicitor to write your Will.

Many people attempt to write their Will themselves. However, writing your own Will without legal advice from a solicitor could lead to many mistakes. Any small errors in the wording can cause problems and, at worst, make your Will invalid.

A solicitor will help you to ensure your Will is accurate and your affairs are in order, thus making your estate much simpler to sort out for those you leave behind.

Why Should I Use A Solicitor For A Will?

If you’re thinking about writing a Will, you’ve likely considered doing it yourself to save time and money.

However, aside from the risk of invalidating a Will, using a solicitor for a Will is recommended for numerous reasons. They include:

  1. Solicitors ask the right questions
  2. They help with comprehensive estate planning
  3. They offer legal expertise 
  4. They’ll write with clarity and precision
  5. They know how to draft a Will for modern families
  6. They’ll ensure the Will is correctly signed

1. Solicitors Ask The Right Questions

A solicitor will take the time to understand your personal circumstances and ask the right questions.

They’ll be able to identify the assets and property that make up your estate and will ensure that everything is accounted for.

A solicitor will help you draft a Will that accurately reflects your wishes and estate.

2. They Help With Comprehensive Estate Planning

Once your solicitor has considered your personal circumstances and objectives, they’ll be able to advise you on potential inheritance tax implications.

Inheritance tax is paid when the value of your estate is above the threshold of £325,000. 

A solicitor will help you to explore proposed scenarios and various strategies to mitigate tax liabilities.

This might include setting up trusts or structuring your Will to allow for claims for spouse or charity exemptions. 

3. They Offer Legal Expertise 

One of the biggest reasons to use a solicitor to write your Will is their legal expertise.

Wills and probate solicitors have in-depth knowledge of all applicable laws and regulations and will ensure that your Will is legally binding and drafted correctly.

They will offer their expert advice and address any legal concerns or complexities that may arise throughout the process.

Are you looking for a solicitor to help you write your Will? Look no further than Harding Evans.

By instructing a solicitor, you can ensure your Will is valid and that the various legal formalities are followed correctly.

Contact us to learn more about our services today.

4. They’ll Write With Clarity & Precision

Making a Will is a complicated process that requires careful understanding and wording.

Getting a solicitor to draft your Will and Testament clearly and precisely will minimise the risk of your Will being misinterpreted and help prevent future disputes among beneficiaries arising from unclear or ambiguous wording.

That said, to ensure your wishes are carried out and to avoid Will disputes arising, hiring a solicitor is best to ensure your wishes are not left open to interpretation.

5. They’ll Know How To Draft A Will For Modern Families

Not every family structure is the same, and this is where you can run into problems without the help of a solicitor.

Accounting for step-children, for instance, can be complicated, and you could unintentionally leave your loved ones with no inheritance if you don’t seek legal advice on the matter.

Aside from the emotional turmoil and stress this can cause, this can also result in costly and time-consuming claims against the estate.

6. They’ll Ensure The Will Is Correctly Signed

Last but not least, a solicitor will ensure that the Will is correctly signed.

A Will is not valid until the testator and two witnesses sign it. Your witnesses must have a ‘clear view of you and the act of signing’.

Who Can Witness A Will Signing?

A Will needs to be witnessed by two people over 18 with mental capacity.

You might ask family friends, neighbours, or colleagues to witness a Will signing.

Although you might be tempted to ask relatives to witness your Will, this isn’t recommended, as they might have a personal interest in it.

How We Can Help

It’s never too early or too late to make a Will. If you’re ready to write your Will, Harding Evans Solicitors is here to help.

Our team always tries to accommodate your requirements to make writing your Will as convenient as possible. As such, we also offer home visits and hospital visits.

Get in touch with a member of our team today.

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