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- Getting the legal formalities wrong
For a Will to be valid, it needs to be in writing and signed by the person making it in the presence of two independent witnesses. The witnesses then need to sign the document in the presence of each other and the person making the Will.
A common error with homemade Wills is a beneficiary acting as a witness. If a beneficiary acts as a witness, the gift to that beneficiary shall fail, but the rest of the Will remains valid. This can cause major issues with how the estate is to be distributed, as other beneficiaries may not be willing or able to rectify the mistake!
Another issue with legal formalities is dating the document incorrectly or not dating a Will at all. In order to prove a Will that does not have a date, a witness statement will need to be made by one or both of the witnesses to the Will, confirming when they recall the document being signed. If a Will was signed many years ago, these witnesses may have died or lost contact, making the whole process much more complex.
- Using incorrect wording
In order to ensure that an estate is distributed in accordance with your wishes, it is imperative that the correct wording is used to achieve this. Often, homemade Wills contain missing or incorrectly used wording that does not give effect to what the Will writer actually wanted to achieve.
Common examples include giving gifts of specific assets that are no longer owned by the person when they die, or drafting a Will that does not distribute all the assets that the person owned. Additionally, homemade Wills often do not consider the possibility of any of the intended beneficiaries dying before the Will writer.
- Handwritten amendments
You cannot update a Will by simply crossing something out, adding a name or writing additional instructions. Any changes to a Will need to be properly executed and witnessed for them to be valid. If the proper process is not followed, there is a risk that the entire gift could fail!
To avoid all of the above issues, it is best to have a Will drafted by a professional. At Churchers, we have solicitors across the south coast who would be happy to assist you in preparing your Will to ensure you do not fall into one of the traps above. Contact us today for a quote.