People can be tempted to save a modest amount of legal costs by choosing a homemade will over a professionally drafted document. 

However, this approach can involve a great deal of risk as the consequences of a poorly drafted will can lead to disputes which incur more in legal costs than would have been paid had a professional been instructed to prepare the will in the first place.

To be valid, a will must comply with strict legal requirements as set out in the Wills Act 1837 and a homemade will could be deemed invalid if it does do not comply with the necessary rules.  In some cases, we have seen homemade wills which include additions or amendments that are not valid, and which have arisen as a result of the testator (the person making the will) attempting to update their homemade will to avoid starting afresh.

There is a further disadvantage in a testator not having received inheritance tax planning advice, meaning the estate could end up being required to pay more tax.

The most frequent issue we see with homemade wills relates to the words used by the person making the will and there can be difficulties in ascertaining what a particular word says (for instance if the will is handwritten or illegible) and difficulties in ascertaining what a word or phrase means if it is ambiguous or could have a number of different interpretations.

Are you trying to administer an estate based on a homemade will which gives you concerns, or do you potentially benefit under a will which is ambiguous or unclear?  If so, we can help you to explore the options on an initial no-cost, no obligation basis to see how we may be able to help you.

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “Lancashare” and a member of our team will be happy to assist you. 

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