Do I need a Solicitor to write my Will?

There is no need for a Last Will and Testament to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward.

It is generally advisable to use a solicitor or to have a solicitor check a will you have drawn up to make sure it will have the effect you want. This is because it is easy to make mistakes and, if there are errors in the will, this can cause problems after your death. Sorting out misunderstandings and disputes may result in considerable legal costs, which will reduce the amount of money in the estate.

Some common mistakes in making a will are:-

• not being aware of the formal requirements needed to make a will legally valid
• failing to take account of all the money and property available
• failing to take account of the possibility that a beneficiary may die before the person making the will
• changing the will. If these alterations are not signed and witnessed, they are invalid
• being unaware of the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership on a will
• being unaware of the rules which exist to enable dependants to claim from the estate if they believe they are not adequately provided for.

These rules mean that the provisions in the will could be overturned.

When it is particularly advisable to use a solicitor to write a will?

There are some circumstances when it is particularly advisable to use a solicitor. These are where:-

• you share a property with someone who is not your husband, wife or civil partner
• you wish to make provision for a dependant who is unable to care for themselves
• there are several family members who may make a claim on the will, for example, a second wife or children from a first marriage
• your permanent home is not in the United Kingdom
• you are not a British citizen
• you are resident here but there is overseas property involved
• there is a business involved.

How much does a solicitor cost?

The charges for drawing up a will vary between solicitors and also depend on the complexity of the will. Before making a decision on who to use, it is always advisable to check with a few local solicitors to find out how much they charge. You may have access to legal advice through an addition to an insurance policy which might cover the costs of a solicitor preparing or checking a will. If you are a member of a trade union you may find that the union offers a free wills service to members.

It is also worth you giving some thought to what you want to say in the will before seeing a solicitor. This should help reduce the costs involved.In Northern Ireland, you may be able to get help with the legal costs of making a will under the green form scheme. In England and Wales, the legal help scheme only covers the making of a will if you are eligible on financial grounds and are:-

• 70 or over; and/or
• disabled; and/or
• a parent of a disabled person and wish to provide for that person in the will; and/or
• a single parent who wishes to appoint a guardian in your will.

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