Quick DIY Will wanted

TBagpuss

POPPYOSCAR wrote: »

Just out of interest.


Would a will drawn up by a solicitor hold more weight than a DIY one?

No, not as such, a will is either valid or not. However, a will may be unclear or incomplete if it is drawn up by omeone who doesn't know what they are doing.

However, a will drawn up by a solicitor is more likely to accurately reflect the wishes of the testator, as the solicitor will know the *legal* effect of different wordings. It is more likely to avoid loopholes, as they will typically advise the testator about the effects of changes and encourage them to be clear about their wishes (e.g. to be clear about what happens to the gift you want to leave to A, if A dies before you but has children, or whther your wish to leave your house to B only relats to the hosue you own now, or whether iyou mean whichever house you own when you die)

Solicitors are one of the most tightly regulated professions in the country, and there are striict rules about documents being kept, even after a firm closes, so there is much less risk of either a will, or the information about a testators instructions, being lost.

A solicitor will be aware of potential legal issues or challenges and will be able to advise about these and to ensure that a will (or side letter, or detailed notes) deal with those issues, which reduces the risk that a will may be vulnerable to challenge and increases the likelihood of being able to sucessfully defeat any challenge.

A solicitor is much less likely to make a careless error which results in a will being invalid as they will be very familiar with the technical requirements for awill to be valid

Finally, solicitors have mandatory insurance so if a solicitor is negligent and fails to properly deal with it, the chances of being able sucessfully to complain and get a proper solucton are much higher.

Mojisola

HappySad wrote: »

Can you suggest where I can go to write a quick will? My partner is having a routine NHS procedure and we realise he don't have a will.

TBagpuss wrote: »

However, a will drawn up by a solicitor is more likely to accurately reflect the wishes of the testator, as the solicitor will know the *legal* effect of different wordings. It is more likely to avoid loopholes, as they will typically advise the testator about the effects of changes and encourage them to be clear about their wishes (e.g. to be clear about what happens to the gift you want to leave to A, if A dies before you but has children, or whther your wish to leave your house to B only relats to the hosue you own now, or whether iyou mean whichever house you own when you die)

Solicitors are one of the most tightly regulated professions in the country, and there are strict rules about documents being kept, even after a firm closes, so there is much less risk of either a will, or the information about a testators instructions, being lost.

A solicitor will be aware of potential legal issues or challenges and will be able to advise about these and to ensure that a will (or side letter, or detailed notes) deal with those issues, which reduces the risk that a will may be vulnerable to challenge and increases the likelihood of being able to sucessfully defeat any challenge.

A solicitor is much less likely to make a careless error which results in a will being invalid as they will be very familiar with the technical requirements for awill to be valid

Finally, solicitors have mandatory insurance so if a solicitor is negligent and fails to properly deal with it, the chances of being able sucessfully to complain and get a proper solucton are much higher.

I second all that TBagpuss says - but if it's a rush and temporary arrangement that basically says "I leave everything to HappySad", a DIY will would do - just don't let that stop both of you doing a proper job as soon as possible after the health problem has been sorted out.

rpc

POPPYOSCAR wrote: »

Would a will drawn up by a solicitor hold more weight than a DIY one?

A will is a will if it meets the legal requirements (declarations, witnessing, etc).

But bear in mind that when solictors go out for dinner, after expensive food and even more expensive wine, the last toast is always to the man who wrote his own will.


In the OP's case, I would try to arrange one with a solicitor. If not (and if not married) then I'd get lawpack or similar as a strictly temporary solution.

Depending on the procedure, you may need power of attorney as well.

pattycake

Power of Attorney is a much more complicated and time consuming document. Naturally also more expensive. We have just been quoted around £1200 for two relating to finance only.

jackyann

PoA although time-consuming & fiddly, is usually much less "complicated" than a will. Solicitors charge a lot, because there is a lot of paperwork, but it is not difficult and does not need specialist knowledge or skills.

Also it can't be rushed - whether or not done by a solicitor.

My own take:
simple will: DIY
any slight complication: use a solicitor
PoA: DIY unless you are very short of time, or easily muddled.