Protecting Your Legacy: Why a Professional Will Outweighs Online Shortcuts

Laura Labrum from our Private Client team, who has spent over a decade guiding families through the intricacies of estate planning, weighs in on the benefits of a well-drafted will. She has witnessed firsthand the profound peace of mind that a legally robust will can bring. It’s a cornerstone of responsible planning, ensuring your wishes are honoured and your loved ones are provided for. While the allure of cheap online will services might seem appealing in our increasingly digital age, she wishes to share her perspective on why investing in a professional crafted will, guided by an experienced will writer, is an immeasurably wiser choice.

Q. What are the biggest misconceptions with regards to wills?

A. The biggest misconception regarding wills is that you only need one if you are wealthy or elderly. This couldn’t be further from the truth.

Q. Why is this misconception so wrong?

A. Everyone has an estate. Even if you don’t own a mansion or have vast sums of money, your estate includes everything you own – your savings, investments, property (no matter how big or small), personal possessions, and even digital assets. A will dictates who receives these items. Furthermore, a will covers more than possessions; it allows you to nominate guardians for your minor children, ensuring they are cared for by the people you trust. Without a will, the courts will decide their guardianship.

Q. What are the pitfalls of cheap online will services?

A. They give the illusion of simplicity. In today’s digital age, convenience is king, and online will services have emerged promising a quick and affordable solution. However, this apparent simplicity often masks significant risks.

Q. Can you elaborate on the specific dangers of using online will templates?

A. The specific dangers inherent in using online will templates are considerable. Firstly, the lack of personalised advice is a significant concern, as these generic templates cannot possibly account for the unique complexities of an individual’s family structure, diverse asset holdings, intricate tax implications, or specific testamentary wishes, meaning a template suitable for one person could be entirely inappropriate and even detrimental for another. In contrast, my professional approach involves a thorough client consultation to gain a comprehensive understanding of their circumstances, enabling me to tailor the will precisely to their needs. Secondly, the risk of missed nuances and legal technicalities is ever-present; will drafting is governed by strict legal rules and precise terminology, and even a seemingly minor error in wording or execution can render the entire document invalid, leading to the unintended application of intestacy rules. Thirdly, the inadequate consideration of tax implications poses a substantial threat, as Inheritance Tax can significantly impact an estate, and online services typically fail to offer the bespoke tax planning strategies that experienced Private Client team can provide, potentially costing beneficiaries dearly. Fourthly, the absence of any assessment regarding the testator’s capacity and freedom from undue influence is a critical flaw, as ensuring these elements is fundamental to a valid will, and the inability of an online service to make such an assessment leaves the document vulnerable to legal challenge; in my practice, I directly assess capacity and meticulously record attendance notes, providing crucial evidence if the will is ever contested. Finally, the limited support and lack of accountability associated with online will services present a further danger, as any issues arising are likely to be met with impersonal customer service lacking genuine legal expertise, a stark contrast to the professional accountability inherent in engaging a regulated solicitor’s firm.

Q. What are the steps involved in crafting a will?

A. The process of crafting a will with me commences with an initial consultation, a detailed meeting designed to thoroughly understand your personal circumstances, encompassing your family structure, asset holdings, and specific wishes for their distribution. This crucial stage allows me to ask pertinent questions, proactively identifying any potential complexities or tax implications that may arise. Following this, I provide expert, tailored legal advice, specifically addressing the optimal structure for your will, taking into account tax efficiency, potential challenges that could emerge, and the particular needs of your beneficiaries. During this explanation, any complex legal terminology will be clarified in plain English to ensure your complete understanding. Subsequently, I personally draft your will, ensuring it accurately reflects your explicit instructions, strictly adheres to all pertinent legal requirements, and employs precise, unambiguous language to avoid any future misinterpretations. This drafting stage often involves multiple revisions to guarantee your complete satisfaction with the document’s content and clarity. Once drafted, we will meet again for a comprehensive review, where I will explain each clause in detail and address any questions you may have, ensuring you are entirely confident that the document accurately embodies your intentions. The proper execution and witnessing of your will are paramount, and I will guide you through the signing process, ensuring it is correctly witnessed in accordance with all legal requirements, a critical step that safeguards the will’s validity. Furthermore, at Labrums, we offer secure storage options for your original will, providing protection against loss, damage, or unauthorised access. Finally, recognizing that life circumstances inevitably evolve, I recommend and provide ongoing support and periodic reviews of your will, offering the necessary amendments to ensure it continues to accurately reflect your wishes.

Q. Any closing remarks on why choosing a professional solicitor firm for your will is important?

A. Invest in peace of mind. Drafting a will is not just about distributing your assets; it’s about providing clarity, security, and peace of mind for your loved ones during a difficult time. While the initial cost of a professional will may be higher than an online service, the long-term benefits – the assurance of its validity, the tailored advice, and the mitigation of potential future legal battles – far outweigh the perceived savings. Don’t leave your legacy to chance. Choose the assured path, choose professional legal guidance, and ensure your wishes are truly protected.