Do I Need A Solicitor to Make a Will?
In short - No!. They will always tell you otherwise, but then they would wouldn’t they?
To be legally valid a Will does not have to have been written by a Solicitor. Provided that it is correctly worded, who actually wrote your Will is completely irrelevant. Furthermore, to be legally binding a Will does not have to be witnessed by a Solicitor either - it can be witnessed by any two competent people who are not beneficiaries or directly related to a beneficiary.
If your will is relatively straightforward you do not need to incur the expense involved in using a solicitor to make your will.
However, we would recommend that you seek independent advice if one or more of the following apply:
* If you are not a British citizen and your permanent home is not in the UK.
* If you own a business, a farm, or shares in a private family-owned company.
* If you are a member of a Lloyd’s underwriting syndicate.
* If you have the power of appointment under a trust.
Additionally, if you have immovable assets (e.g. property) anywhere other than in England or Wales, then you should make a Will using this site for all of your assets in England and Wales and then make another in the country(s) in which your other assets are situated.
Finally, if you intend to exclude any of the following from your Will:-
* your spouse or an ex-spouse who has never remarried
* a partner (if you have been living together for more than 2 years)
* a child or stepchild of yours, or any other financial dependant
then you should be aware that under the Inheritance (Provision for Family and Dependants) Act 1975 they can legally contest the Will if they are excluded or under-provided for and you are advised to write a separate letter to be kept with your Will explaining your reasons for excluding them. This letter can then be read out in court if the Will needs to be ‘defended’ and (if your reasons are valid) will decrease the contestor’s chances of winning.
Make a Will Online for £29.95 here