What are the benefits of having a solicitor draw up a Will?

If you were to die without making a Will, then you will be said to have died intestate. This means that a court may be legally obliged to distribute your assets in the manner which it deems fit, rather than in accordance with whatever wishes you may have had. It’s therefore vitally important that every adult makes a Will as soon as possible.

How you choose to do that is up to you: you can write your own Will, or you can chose to complete one of the over-the-counter Will writing kits that can picked up at most stationers. Unfortunately both of these options are fraught with difficulties: there are many scenarios where using a home-made will prove to be inappropriate and counter-productive. Your wishes may be clear, but unfortunately the written Will may not always support these. The very last thing anyone wants when they write their Will is for assets and property not to be left to the intended beneficiary.

The alternative is to ask a solicitor to draw up a Will on your behalf. Obviously this will involve some additional costs, but these are more than offset by the reassurance and peace of mind gained by knowing that the most important document you’re ever likely to need has been drawn up by a legally qualified and experienced practitioner. Moreover, your solicitor will give you the best possible indication of the costs of their services, before beginning any work on your behalf.

So what are the major advantages of using a solicitor to draw up a Will?

The greatest advantage of using a solicitor to make up your Will is the peace of mind it will bring you. It’s a great comfort to know that the solicitor will construct your Will in precisely the way you want and ensure that all of your wishes are carried out following your death. Using a solicitor will ensure that no technical mistakes are made, and that there will also be no inadvertent potential disputes stored up for the future. All solicitors are fully qualified and work under strict guidelines. This work is regulated by the Solicitors Regulation Authority.

When is it particularly important to use the services of a solicitor?

Home-made Wills can only ever deal with the simplest scenarios: the black and the white issues, if you prefer. Unfortunately very few things in life are black and white, and this is particularly so where Wills are concerned. Drawing up a Will is a highly complex and sophisticated business, and if you want to ensure that all of your expressed wishes are adhered to, you really should consider employing the services of a qualified solicitor.

So what circumstances warrant the services of a qualified solicitor?

• Where you share a property with someone who is not your husband, wife or civil partner.
• Where you wish to make provision for a dependant who is unable to care for themselves.
• Where there are several family members who may make a claim on the will, for example, a second wife or children from a first marriage.
• Where your permanent home is not in the United Kingdom.
• Where you are a domiciled resident, but there is overseas property involved in the Will.
• Where there is a business involved.
• Where the estate is likely to exceed the inheritance tax threshold.
• Where consideration needs to be given to trusts which could protect your property from future charges.
• Where consideration needs to be given towards the effects of future inheritance.
• Where consideration needs to be given towards Powers of Attorney.
• Where are likely to be issues and concerns about life policies.
• Where there may need to be some thought given to the issues of guardianship if there are likely to be dependent children left behind.
• Where decisions will need to be made about making monies available to the guardians of these dependent children.

Making a Will is the most important thing you can ever do for your family. A properly constructed Will guarantees that your loved ones are looked after and cared for in the way you would want and expect. The only way to ensure that your wishes are carried out is by employing the expert services of a qualified solicitor.