Writing a will after a divorce using Which Will service instead of a solicitor.

adamjth

Hi,
Just got divorced and now need to write a new will.   There is already a will in existence which was written when I was married and is stored at a local solicitor.    I understand that will is not necessarily cancelled and I want to use Which's Will writing service instead (https://wills.which.co.uk/).   Simple question:- do I simply contact my old solicitor and tell them to scap the old Will?   Also what is the advantage of using a solicitor over Which.  The latter is cheaper and offer storage too but I am unsure of any drawbacks?
best rgds
Adam

Savvy_Sue

Which may not be using fully qualified solicitors for this service, if it is 'just' a will-writing service. So yes, it will be cheaper, but it won't necessarily be as comprehensive a service as you would get from a 'proper' solicitor. If there is anything the least bit complicated (and post-divorce there may well be), I'd always prefer to use a solicitor. 

also our solicitor stores our wills, and there are other options. 

tacpot12

One potential drawback is time and cost. It will take time to engage a solicitor, and in the meantime, you might die. You could make a temporary will using your original will as a template, but making the changes in relation to your ex-wife and your property, then get the will remade by a solicitor as soon as you can.  

Keep_pedalling

You have children, so you will is not that straight forward, not worth skimping on getting it done properly. 

Mojisola

tacpot12 said:

It will take time to engage a solicitor, and in the meantime, you might die. You could make a temporary will using your original will as a template, but making the changes in relation to your ex-wife and your property, then get the will remade by a solicitor as soon as you can.  

If the decree absolute has been granted, the earlier will still stands but would be enacted as if the spouse had died.

Well-made wills should cover this eventuality - if so, there shouldn't be any problem if the testator dies before making a new will.

Definitely worth using a solicitor for the new will.

TBagpuss

The manin issue is thst solicitors are one of the most tightly regulated professions in the country, which means that there are protections in place and ways of seeking compensation if they mess up or something goes wrong, and that even if the individual firm of solicitors goes bust or ceases to exist, their files and records and the liability for any errors will still exist.

Will writers are not regulated in the same way so you have a lot less protection if anything goes wrong, and you don't know what level of expertise or qualification the person doing your will has. 
It's the sort of situation where going for the cheap option is often a false economy, but the nature of wills mean that you (or your children / beneficiaries) may not find out until it is too late to fix it!

In terms of the old will, it would be sensible to request it and then destroy it )the solicitors will probably wish to send it to you for you to destroy, rather than destroying it themselves, and will probably need you to provide them with proof of ID so they can can check you're you, first). Any new will will typically say that you revoke all earlier wills, but if you haven't destroyed the old one then there is a risk that the newer will could be overlooked, and probate applied for on a previous will. For this reason, it's also wise to ensure that you have a copy of the current will and a note of where it is held kept somewhere easy to find at home, and/or that you tell your executors the date of the will and where it is held, so they know what they are looking for when the time comes!