Do I need a solicitor to make a valid will?

There is no good reason not to make a will, and it is important that you do so, in order that your wishes for your estate can be carried out, and your family members and friends are looked after, when you pass away.

It is crucial that your will is correctly drafted and is legally binding, and the best persons to advise on drafting wills are solicitors, because they are specially trained to do so.

A solicitor will also normally administer your estate and ensure it is distributed, based on your will.

In order to carry out this, the will must be valid.

If it is invalid, and you pass away, it means you have died intestate (in other words, you did not leave a will).

Everyone who has children or is the owner of a valuable asset should have a will.

Your will is the only document that will decide to whom your assets pass, once you die.

Your spouse or civil partner will have a legal right share to your estate, but everything else will be administered in accordance with your will.

Creating a will at home is never a good idea.

This is where your legal expert is vital, because a will is more complicated than just giving an item to a relative.

Some people write a will and leave it for a relative to find in their house after they’ve passed on, but unless this will is executed correctly, the person will have been deemed to have died without leaving a will.

There are many reasons why a will could be declared invalid. Intestacy can be a long and difficult process.

It follows rules laid down in the Succession Act 1965.

These are strict rules, and may not represent your true wishes for your assets after you have died.

It can also leave the beneficiaries who you have named in your will in a difficult and vulnerable position.

If a will is not valid or is poorly drafted, it can lead to familial disputes, or animosity among relatives.

This can make the task of administering an estate even more difficult.

An experienced solicitor in the area of wills and probate will often foresee an issue in your case, and can advise you in accordance with your circumstances and wishes.

Inheritance tax for the beneficiaries named in your will should always be taken into account when drafting a will. By obtaining professional advice, you can eliminate or reduce the inheritance tax the beneficiaries of your estate may face as a result of inheriting from your estate.

It is important to bear in mind that the cost of instructing a solicitor can prove excellent value when compared to the potential tax liability of a poorly drafted will.

A will is only valid when it complies with certain criteria.

The testator (the person making the will) must be over the age of 18 and of sound disposing mind.

The will must be in writing, and the signature must be witnessed by two people.

The will must be dated, and you should make reference to all your valuable assets, or include in your will a residue clause which will deal with anything in your estate that has not been directly referenced in the will.

The residue clause is important if you are leaving a large estate, as it is sometimes not practical to mention everything specifically in your will.

These are just some of the pitfalls when making a will.

The best advice is to go to your solicitor, explain your own situation to him or her, and they will guide you through the process of making a will and executing it correctly. This will ensure that your wishes are properly put down on paper and that any potential difficulties such as tax or potential familial disputes are highlighted to you before you sign the will.

Making a will is not expensive, solicitor charges are normally very reasonable, and it is better to be safe than sorry, to ensure your wishes in your will are properly carried out.