Is a homemade will legal?

Yes, it is possible for a homemade will to be ‘legal’ – as long as it meets the legal requirements. 

 

A homemade will can only be ‘legally valid’ if it is witnessed and signed by two witnesses (they can’t be beneficiaries), who also have to be present at the time you sign your will. Without these elements it could mean that the Will may have the potential to be disputed after your death.

Yes! Technically you can write your own will without a solicitor, especially if the wishes in your will are very straightforward. For example, if you’re planning to leave everything to your spouse or even your children.

 

However, it is advisable that you should seek professional help, especially if your will or circumstances are not straightforward and could lead to future complications. 

For example, this may include situations where: 

 

  • You may have people (outside of your immediate family) that are financially dependent on you.
  • You have foreign investments or own property abroad
  • You own a business
  • You share a property with someone who isn’t your wife/husband or civil partner
  • You have several family members who may make a claim on your will – e.g children from another marriage 
  • Your will includes wishes that may be misunderstood. 

 

If any of the circumstances above apply to you, then we advise that you seek the legal advice of a solicitor or a will writing service when writing down your last and final wishes.

The biggest risk that you can face with a homemade will is that, without any professional guidance, you could have (unknowingly) made mistakes which could invalidate your will completely. This can even come down to simple administrative errors, such as spelling mistakes – something a professional will writer would pick up on. 

 

One pitfall of homemade wills, is that without professional advice, very often the terms set out in the will could be deemed ‘ambiguous’ and invalidate the will itself. This can happen where the language of the will is not clear and can therefore be open to several interpretations. By instructing professional advice, this ambiguity may be prevented and can ensure that the estate is gifted to the intended parties.

 

Without the professional help of a will writer, these mistakes can result in emotionally challenging inheritance disputes between family members. They even have the potential to both significantly reduce the value of your estate and may ultimately result in the estate being distributed under the rules of intestacy – should the will be deemed invalid.

At IDR Law, we understand that contesting the validity of a will or defending one can be tough and when tackling something of this nature, it is reassuring to know you have people who know their stuff in your corner.

 

Our team of contentious probate solicitors have a combined experience of over 100 years in this niche area of the law. We fully understand the sensitivity around these kinds of matters and having dealt with over 3000 enquiries we have a proven record in providing our clients with a phased, clear and supportive journey from start to finish. 

 

Please don’t hesitate to contact our legal team if any of the issues in this article are affecting you or your family.