Yes, it is indeed possible for you to draft your own Will at Home. The team at Legacy Wills are constantly trying to encourage individuals to take just a few minutes to complete their free DIY will kit as the peace of mind that comes with it is truly worth the time spared.
We will go into greater detail about what constitutes as a valid will, but it is first necessary to emphasize that not all Wills were made equal. By that we mean that not every Will created is actually valid – though yes, it is indeed true that a napkin agreement will hold up in court, if approached correctly.
Most legal Wills adhere to specific guidelines that state ‘what you say and how you say it’ – known as a standard format. The standard format of writing a Will eliminates any potential confusion, even if you are writing your Will within the comforts of your own home.
Not adhering to the standard format means that your instructions might not be followed exactly as you’d like, and in a few extreme cases, it would also mean that your Will is deemed invalid. So as important as it is to write your own Will, it is also important to adhere to the standard format that has standard sections and legal terms included within it. Often, this is why people opt to work alongside a Will & Estate Planning Consultant so that they have the peace of mind that comes with instructing experts to get the job done.
In most cases, writing one’s own Will is advisable only if the wishes of the testator (person drafting the Will) are fairly straightforward. For example:
If the contents of your Will are even just slightly more complex than this, Legacy Wills advise that you consult with a solicitor or a professional Will writing service.
There are circumstances where drafting your own will at home without the help of experts is advised against. A popular option for those who don’t have the time to meet with solicitors is to instruct a well-known Will writing professional to draft the Will instead.
You should always seek professional help if:
If you pass away without having a legally valid Will in place, your estate (property) will be distributed by very specific rules that are referred to as the rules of intestacy.
Whenever a person passes away without leaving behind a legally valid Will, he or she is declared as an intestate person and their estate will be distributed as per the rules of intestacy.
Only your spouse or registered civil partner, along with some members of your immediate family will be covered by the rules of intestacy. Thus, if you have certain specific wishes about how you want your estate to be distributed, make sure that you draft a Will that is legally valid beforehand.
By not leaving behind a legally valid Will, you lose all control over how your property is distributed after you pass away, as the rules of intestacy take over.
Also, if the deceased had no living relatives from the group specified under the rules of intestacy, then the complete belongings of their estate will be transferred to the state. In such a scenario, no beneficiary will stand to inherit from the deceased person’s estate.
However, through the Inheritance act of 1975, it is possible for a few eligible people to challenge the rules of intestacy, if they were not sufficiently provided for from the deceased person’s estate, such as:
A Will is considered legally valid as long as:
The Will was drafted voluntarily by the testator who was not subject to any undue external pressure or coercion.
If any of the following scenarios play out, the beneficiaries of a Will cannot inherit from the deceased person’s estate:
Now, if a Will has already been drafted, but one of its intended beneficiaries passes on before the testator, the estate of the beneficiary will not inherit from the testator’s estate.
In such a situation, the benefit is considered to have been lapsed, as the death of the beneficiary precedes that of the testator. Dependents of the beneficiaries can only inherit from the testator’s estate in the event of the following exceptions:
We understand that creating a will is deemed a stressful experience, which is why so many people put the task off. But when it comes to something as simple as how to make a Will at home, there really should be no confusion on the matter as there are experts out there willing to assist individuals during the process. Confer with legal experts, such as a no-fuss Wills and estate planning service, to ensure that you have a legally valid Will to protect your loved ones, even in your absence.
Absolutely brilliant to work with from start to finish. Arranged an exact time to phone and they were right on the button. Just what I needed.
They keep you informed every step of the way, did not pressurise in any way and were helpful with things I did not even think about
Easy, straightforward company to deal with. All the mystique and expense of will writing done away with. No unnecessary expensive solicitors fees