Up to a quarter of Brits have wills that could end in disaster

If you've got round to making a will, then the chances are you're patting yourself on the back and thanking your lucky stars that you're one of the 40% of people who will save their family from a legal and financial nightmare when they pass away. However, you shouldn't be too quick with the self-congratulation, because a new study suggests that one in four people who have made a will may end up leaving a mess behind after-all.

The study, for Saga Legal Services, found that 25% of people have written their will without any input from a legal professional. One in five either downloaded a template from the internet or bought one from a shop. Meanwhile, 5% just drew something up from scratch - without any concern at all for the legalities.

When it comes to the reasons why people choose DIY Wills, two fifths (37%) said they thought it was cheaper than going through a solicitor, while a quarter said they thought it would be quicker to go it alone. However, one in five opted for a DIY Will, because they didn't want a stranger knowing their business.
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In some cases, people in very straightforward situations, with simple estates and small, nuclear families, may have followed the instructions very carefully and ended up with a cheap and effective will. However, anyone with a large or complicated family, a complex estate, or concerns about following very strict rules, could leave their families struggling.

One in fourteen people have either experienced a problem with a DIY will themselves, or know someone who has. Of this group, 46% said it led to a dispute and 39% of people said probate took longer as a result.

Common mistakes

There are a number of very common problems with DIY wills. One is that people often don't think about the future. They may, for example, want to give something to their grandchildren, and name them all in the will. If another grandchild is born between the will being written and their death, that child would miss out unless wording is included to take account of future grandchildren yet to be born.

Some people include specific sums that they want to leave to particular people. If they have a very good idea of the value of their estate, and that value doesn't change before their death, this is fine. However, if they have over-estimated or under-estimated, this may mean either they don't have enough money to leave the sums mentioned, or individuals receive a far bigger or smaller percentage of the estate than the person writing the will thought they were giving them.

In other circumstances, the wording can be too vague, so a bequest could be interpreted in a number of ways, leaving real potential for the family to fall out over what their loved one really wanted.

Even something seemingly unimportant like how the will is bound can be vital. If it's not done properly, and it looks as though pages were added or removed, it could tie it up for longer in probate.

Sometimes it's the pure mechanics of how the will is drawn up that cause headaches, because people fail to follow rules for things like signing and witnessing it - which means the whole document could be invalid.

What should you do?

Emma Myers, Head of Wills, Probate and Lifetime Planning at Saga Legal Services, said: "If a Will is deemed invalid the estate would be dealt with under the inflexible rules of intestacy, meaning only pre-defined people inherit. Even if the Will is valid, the wording you use may not be clear and things may inadvertently go to the wrong people or in the wrong order, meaning that your loved ones will have to seek a court order setting out their decision regarding distribution".

Regardless of whether your will was drawn up by a professional, or you opted for the DIY route, it's important to review it regularly. This should be done whenever your circumstances change, and if things don't change for a few years, you should review it anyway to ensure it still meets your needs.

By getting a professional to look it over, they will be able to highlight any potential problems. As Myers says: "Having your DIY Will reviewed gives you peace of mind that it is fit for purpose, and gives you the chance to correct any mistakes before it's too late."

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