Writing a will is an important step in making sure your estate is handled according to your wishes. It reduces the risk of disputes, provides clarity, and offers peace of mind that your loved ones will be taken care of. One common question is whether it is legally necessary to use a solicitor to make a will.
The short answer is no. UK law does not require you to use a solicitor. However, it recommended to use solicitor to make sure your will legally valid.
Using a solicitor
While it’s legally possible to write your own will, there are important legal and practical considerations to bear in mind. Solicitors can help with errors in wording, improper witnessing, and unclear instructions. Solicitors are particularly helpful if your situation is more complex. Professional legal advice is strongly recommended in certain situations, such as when you have significant assets, you own a business, you have children from a previous relationship, you expect someone might contest the will, or you want to exclude someone who might expect to benefit.
Solicitors, such as those at willans.co.uk, bring legal expertise and can make sure your will is clearly worded, meets legal requirements, and reflects your wishes. Errors in self-written wills can cause legal disputes or a rectification process, both of which can be expensive for beneficiaries.
Making sure your will is legal
The UK government website lists several factors that make a will legally valid. You must:
- “be 18 or over
- make it voluntarily
- be of sound mind
- make it in writing
- sign it in the presence of 2 witnesses who are both over 18
- have it signed by your 2 witnesses, in your presence”.
The government recommends, “you should get advice if your will is not straightforward.” The website lists certain situations as “not straightforward”, such as: sharing property with someone other than a husband, wife, or civil partner; owning property overseas; having a business.
Updating your will over time
A will is not necessarily a static document. If you update your will, previous versions should be clearly revoked. Solicitors can advise on updating your will, helping to identify when a change is necessary and making sure any updates are legally valid and properly executed.
Whether you need to add a new beneficiary, revoke a gift, or restructure your estate plan, professional advisors can help guide you through the options and avoid unintended consequences.
Takeaways
UK law does not require you to use a solicitor to make a will, but it is recommended. A properly drafted will can prevent disputes, minimise tax liabilities, and ensure your wishes are respected. In matters as important as your legacy, clarity and legality are crucial. A solicitor can help make sure your will is valid, up to date, and tailored to your personal situation.
