Why seek the advice of a Solicitor when making your Will?

Emily Wardrope, Private Client Solicitor looks at the reasons why you should seek professional advice when writing your Will.

No doubt your New Year’s resolutions for 2022 have been made but if you are still writing your list (or adding to it), you may wish to ensure “Making a Will” is on there. But why seek the advice of a Solicitor rather than writing it yourself or using one of the many Will writing companies out there?

When preparing your Will, Solicitors will advise you:

• appropriately to ensure your Will has the desired effect, taking into account your assets, family dynamics and tax
• of the formal requirements needed to make a Will legally valid

• of changes you may wish to make. If these alterations are not signed and witnessed, they will be invalid

• on what happens if a potential beneficiary predeceases you

• on the effect of marriage, a registered civil partnership, divorce or dissolution of a civil partnership can have on a Will
• on 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

• if you share a property with someone who is not your husband, wife or civil partner
• if you wish to make provision for a dependant who is unable to care for themselves
• on the possibility of family members who may make a claim on the Will
• on complex assets, including assets abroad and business assets
• on possible issues with your domicile status

They will also safely store your original Will.

Remember, Will writing companies are not regulated by the Law Society, so there are few safeguards if things go wrong. It is easy to make mistakes and, if there are errors in the Will, this can cause problems after your death, which could lead to costly and lengthy litigation, thereby greatly reducing the inheritance for your chosen beneficiaries.

Although it is not mandatory for a Will to be drawn up by a Solicitor this is one of the most important documents you will have to prepare during your lifetime, therefore, you should take the time to make sure that it is drafted properly.

Been meaning to write your Will?

We have partnered with Brighton based children’s charity, Rockinghorse to support the Free Will Fortnight, taking place between 7-18 March. Bookings open on 1 February so please visit
https://www.rockinghorse.org.uk/donate-to-us/leave-a-gift-in-your-will
to find out more about the Free Will Fortnight 2022 or contact Tracey Nickisson to book your appointment.