Can I write my own Will?

These may leave questions and problems after your passing, which could lead to all sorts of issues for your family/loved ones when trying to deal with your assets in the future. 

Would you try to service your car and hope you haven’t missed anything? Or fix your own boiler and hope for the best? This is a very similar premise when trying to write your own Will, although, there could be a lot more at stake… 

It is always safer to use a professional Will writer who knows what should be included in your situation. 

Writing a Will may seem simple, but there are unexpected obstacles you may not have considered, such as;

• Missing out on the legal formalities to make a Will valid
• Not accounting for all money, property, and possessions available
• Failure to account for changes in circumstances before your passing - i.e. a beneficiary or Executor passing away before you do
• Not ensuring changes to your Will are witnessed and signed correctly
• Not understanding how changes in circumstances such as divorce or marriage can impact the beneficiaries of your Will
• Not understanding the rules and regulations regarding dependants and how they claim from your Will

Using a certified Will Writer or solicitor ensures that mistakes like the ones above are avoided and that your Will is secure and binding for the future.

You particularly may want to consider a professional Will Writer if there are more complex circumstances surrounding your Will, such as dependants who are unable to care for themselves, if you are not married, or if you have numerous family members who may wish to claim on your assets, such as ex-spouses or siblings.

Inheritance tax is another factor to consider when creating a Will. Will professionals can help you to navigate through this so you don’t end up creating a large tax bill for your estate or incurring debts for your beneficiaries. 

It can be very easy to contest or misunderstand a Will, even if you think it is very simple. And you won’t be around to help sort it out, which is why going to a Will writing professional is the best option.

What do I include in a Will?

Perhaps the key part of a Will is nominating your ‘Executors’ – the Executors have a key role to play in your estate when you are no longer here as they are responsible for carrying out your wishes and managing your assets for the nominated beneficiaries. Executors can also be your beneficiaries, but this is not necessary. 

Your assets - you don’t need to itemise every asset you own in your Will, only those that you may want to give specifically to an individual – e.g. a property or item of jewellery or a monetary amount. Anything not listed specifically would form part of your ‘Residuary Estate’ which could then be split between your main beneficiaries as a percentage share. 

Your ‘beneficiaries’ - you will need to name anyone whom you want to benefit from your Will, as well as instructions regarding any dependents you may have. This means full names and identifiers - you can’t simply put ‘Mrs Smith’ or ‘my wife’ - everything must be crystal clear and legalities followed. 

Your funeral wishes – you can state what your wishes after death would be in relation to a funeral. As a minimum, whether you would like burial or cremation. 

It is important to take the time to consider everything you have that will need distributing, and who the key people are to be involved in this in the future. 

You should also ensure that only your latest Will is available - old versions should be destroyed. By using a professional Will writer, you can also ensure your will is kept in a safe location and will be easily accessible after your passing. A damaged or marked Will may be deemed invalid by the probate registry in the future. 

Requirements for a Will to be valid

In order for your will to be valid you must adhere to the following;

• Be over 18 years old
• Be of sound mind
• It must be written without pressure from external sources - someone isn’t forcing you to leave them your assets
• Must be witnessed by two persons
• Must be signed by the two witnesses

It is also important to note that a witness, or married/civil partner of a witness, cannot benefit from a will they have signed. The will is still valid if all the other criteria is met, but they will not be able to benefit after your passing.

Writing your own will

In summary, it is possible to write your own will, but not at all advisable. There are many intricacies and legalities to follow, and it can be very easy to make a small mistake which will then invalidate your Will in the future and this could cause all manner of problems for the family you leave behind. 

By working with a professional Will Writer, you can ensure that your wishes are met and that your assets are correctly distributed after your death with no issues.

To learn more, contact the Florins team on 01507 304222 or use our contact form to arrange a free initial appointment.