The DIY approach to writing a will carries risks

When a New Year comes around, many of us reflect on what matters most. For some, that might mean spending more time with loved ones, setting personal goals or finally addressing tasks we’ve been putting off.

Will-writing is among the life admin tasks often put on the back-burner. The thought can be uncomfortable because it means thinking about our own mortality. In reality, it’s an incredibly important task and knowing it has been done can bring comfort.

As a Private Client Partner, I’ve spent much of my career helping individuals and families plan for the future. I’ve witnessed first-hand the peace of mind that comes from a well-drafted will. Conversely, I’ve seen unnecessary complications and heartache when things go wrong.

Ian Macdonald is a Partner, Wright, Johnston & Mackenzie (Picture: Malcolm Cochrane)

While not all wills need to be drawn up by solicitors, the DIY approach carries risks. Some individuals create their own wills or turn to unregulated will-writing services, often lured by lower costs. But as the old saying goes, you get what you pay for. The sector is unregulated, and will-writers are not required to be legally qualified. This lack of oversight can lead to significant issues, both for the individual and their loved ones.

For example, a person might draft their own will using a template they found online. While this might seem straightforward, it’s not uncommon for such documents to fail to meet legal requirements. If the will is not signed and witnessed correctly, it may be deemed invalid. Even when basic formalities are observed, there can be deeper problems, such as unclear wording or failure to account for specific circumstances, which could lead to family disputes, or unintended outcomes.

In contrast, solicitors work in a heavily-regulated profession, and the service provided is designed to protect you and your wishes. A key part of our process involves verifying the will is valid, clear, and properly executed. Any background factors that could affect its validity, such as undue influence or manipulation, are taken into account.

These safeguards are often absent when wills are drafted without legal oversight. Companies offering low-cost will-writing services frequently operate on tight budgets, and might lack the time or expertise to fully understand your needs.

Some might argue solicitors are more expensive, but it’s an investment that often pays for itself in peace of mind and security. You can also gain access to expert advice on complex matters like inheritance tax, trusts, or provisions for vulnerable family members, areas where mistakes can be costly in the long run.

For anyone who hasn’t yet addressed their affairs, make it a priority. Whether your estate is modest or substantial, the principles are the same: clarity, accuracy, and proper legal oversight are key to avoiding unnecessary disputes and ensuring your wishes are carried out.

There is also a broader conversation to be had about the regulation of will-writing services. Greater oversight in this area could help ensure all individuals receive the level of protection they deserve, regardless of who they choose to draft their will.

This year, as you think about resolutions and fresh starts, take a moment to consider your long-term plans. Instructing a solicitor to help you draft your will might not feel as urgent as other tasks on your list, but it’s one of the most meaningful steps you can take to protect your loved ones and provide yourself with peace of mind.

Ian Macdonald is a Partner, Wright, Johnston & Mackenzie