Making a Will
It is becoming increasingly common to hear stories in the news about step-children or relatives that have not been provided for by a loved one due to either an invalid Will, a Will that fails to carry out the Testator’s correctly or a Will that inadvertently creates trusts.
With the increase in ‘Will writers’ and ‘Will packs’ advertised in the shops and on the internet, creating a Will has become cheaper than ever. There are, however, substantial risks to not using a solicitor to advise you with this important decision.
A Will that is created by a Solicitor which is not validly executed or which fails to carry out the Testator’s wishes could result in a claim by the aggrieved beneficiaries for negligence against the Solicitor. This protection is not available where a person uses a ‘Will pack’ or ‘Will writer’; Will Writers in particular are normally unregulated and do not have insurance to cover these potential claims.
On your death your executor may be faced with legal action brought by potential beneficiaries or dependants not provided for in the Will. Often a Will that has been incorrectly signed could result in an earlier Will being followed despite your wishes changing. This can result in substantial legal fees which could have been avoided by instructing a qualified solicitor.
You should also be aware of the risk of hidden high fees. Often if the price looks too good to be true, it normally is.
The most important thing is to have a Will which does exactly what you want it to do. At the Head Partnership our Personal Affairs department will fully advise you to ensure that your Will distributes your estate in accordance with your wishes.
It is important that if you have an existing Will that you should review it regularly and consider whether you need to make any additions or amendments as and when your circumstances change.
For more information, or to book an appointment please contact:-
Henley office: Melissa Reeds or Katherine Beaumont on 01491 570900 or email melissa@thpsolicitors.co.uk / kateb@thpsolicitors.co.uk
