A Will could be the most important document you will ever create. It provides a list of your instructions to ensure that your assets and life’s savings are split in the manner you wish and distributed to those who you want when you are no longer here.
You only need to type “home made Wills” into Google to see that there are many different variations available online for you to create your DIY Will. However, these can prove to be dangerous for you, your estate and your beneficiaries.
If you die without a Will your wishes may not be followed and your estate would fall into intestacy (the law in Scotland for those without a valid Will).
In a recent case in the Scottish Borders the sheriff ruled that a DIY Will made by a now deceased person was not valid and the defects in it could not be cured. The Court held that the signed page of the supposed DIY Will could not be determined as the final page. The result? The deceased’s estate now falls into intestacy, the DIY Will being invalid. The estate will not be divided in accordance with what the supposed will seemed to say.
When considering preparing a Will, the potential pitfalls you will face if your Will has not been drafted correctly far outweigh the costs of instructing a solicitor. Should a DIY Will have errors, or not be properly witnessed the error may not be fixable.
If you are faced with a DIY Will left by a loved one and need advice on its validity, we are here to help.
If you are having second thoughts about the DIY Will you have prepared our Private Client Team can provide you with the appropriate advice.
