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In world flooded with advertisements for affordable DIY Wills and packs, the allure of saving money can be tempting.

However, the real question is, do these DIY solutions truly save you money?

Rebecca Armstrong, Senior Associate Solicitor in our Will and Inheritance Dispute Team, reports on the pitfalls of DIY Wills.

The Cheap Appeal

The market is awash with ‘premium’ DIY Will packs priced as low as £7.99.  Testators simply fill in the boxes and believe they’ve secured their assets and ensured their wishes will be carried out when they are gone. Compared to the costs of hiring a solicitor, the affordability seems irresistible.

In today’s digital age, after a quick internet search, some may even venture to draft their Wills from scratch, assuming it’s a straightforward process. However, the reality is far more complex.

The Risky Reality

The apparent ease and cost-effectiveness of DIY Wills mask a significant risk—the absence of professional involvement. What may seem like a straightforward matter in a DIY template could be insufficient to fulfil your wishes. Further, without guidance from an experienced solicitor, one  might unknowingly violate the stringent requirements for a valid Will, potentially rendering it invalid or leading to prolonged and expensive litigation.

The risks involved:

1. Legal Complexity: What may seem like a straightforward matter in a DIY Will template could be insufficient or even invalid if it falls fouls of the strict legal requirements for valid wills.
2. Ambiguity and Errors: DIY Wills often lack the specificity and legal language required to accurately convey your intentions. Ambiguities or errors in the document can lead to confusion and disputes among your beneficiaries.
3. Unforeseen Circumstances: DIY Wills typically don’t account for various life events or changes in circumstances that may affect the distribution of your assets. Without regular review and updates, your Will may become outdated and ineffective.

Professional Safeguards

When a solicitor is involved, they meticulously document all discussions with the testator. These records serve as crucial evidence in case of future Will disputes. Professionally drafted Wills tend to be more resilient to challenges, providing a safeguard against potential legal battles.

Further, legal professionals can assess your unique personal circumstances, anticipate potential issues and provide tailored solutions to ensure efficient distribution and protection of your assets.

The True Cost

Considering the substantial legal costs which can be associated with Wills and Inheritance disputes—often reaching tens or even hundreds of thousands—opting for a DIY Will becomes a false economy. The initial savings pale in comparison to the potential costs and headaches that may arise later.

The Wise Choice

While DIY solutions may seem appealing, the risks associated with creating a Will without professional guidance far outweigh any perceived benefits. For those contemplating their first Will or updating an existing one, we strongly recommend seeking legal advice from a qualified and experienced legal professional. This ensures that your wishes are accurately documented, legally sound and effectively implemented.

If you would like more information on Will Disputes please contact Rebecca Armstrong, Alan Douglas, Steve Bell, Laura Murphy or Michelle Forster.

A Parenting Plan is a voluntary, written agreement between parents (and can include grandparents and other family members).
The Plan covers practical issues in relation to the children such as living arrangements, education, healthcare, and finances.
The aim of the Plan is to assist parents in resolving arrangements amicably and informally.

A written Parenting Plan, worked out between parents, will help to clarify the arrangements you need to put in place for the care for your children.
It will help everyone involved to know what is expected of them and it will be a valuable reference as time passes and circumstances change.

when holidays are coming up, both parents will want to spend time with their children, but may be uncertain about how to arrange this amicably with their ex-partner. A Parenting Plan can provide stability in contact arrangements, enabling parents to plan and make the most of their time with their children.

Nicholson Portnell are able to assist with negotiating and writing a Parenting Plan for you, in conjunction with your children’s other parent, whether you are the main carer or have your children for a more limited time.

If you would like to discuss your specific situation, please contact: Emma Heather, Janine Calkin & Vicki Waters.

 

In the New Year thoughts will turn towards our New Year’s resolutions.  Why not make a resolution this year to put your legal affairs in order? 

Making a Will and a Lasting Power of Attorney makes matters as easy as possible for your family to deal with if the worst happens.   

 

Making a Will allows you to decide what will happen to your money, property, and other assets after your death.  You are also able to appoint the executors who will deal with matters at that time.   

 

A Lasting Power of Attorney is a legal document by which you can appoint anyone you choose to deal with matters for you whilst you are still alive, but if you have become unable to deal with things for yourself.  There are separate documents available for property and financial matters or for health and welfare decisions.  No family member (not even a spouse) has any automatic right to deal with matters or make decisions for you unless you have made a Lasting Power of Attorney. This includes the giving or refusing of consent to proceed with life sustaining treatment. 

 

At Nicholson Portnell our specialist Solicitors are available to discuss these matters with you and if you wish to discuss any of the points raised above, please contact Alan Douglas, Steve Bell, Laura Murphy, Michelle Forster & Hayley Olson.

For most people it is a daily occurrence to enter into contracts without realising that it has happened. We have employment contracts, tenancy agreements, business leases, contracts with childcare providers, builders, architects, the milk man, the coal man and many more besides. In most cases we don’t think about the contractual nature of the arrangement, and we won’t always sign a contract. But what happens when we want to end the agreement, or something goes wrong? Very often it will be obvious that the particular project has come to an end and the agreed price paid or notice will be given that we have, say, moved house so no longer need milk or coal deliveries and need to change the children’s nursery. Other matters such as employment contracts and tenancy agreements will often have clauses in the contract specifying how and when notice should be given to terminate or what should happen if there is a dispute. It is important to be clear not only about what is required under the terms of the contract but whether that can be over-ridden by legislation. It’s usually only when something goes wrong that the paperwork is re-visited, and legal advice sought which can lead to bitter disputes that are time consuming and expensive for all concerned.

• Does it really matter if I write a letter on pink paper or cream paper?
• Will it make any difference if I send an email or 3:59pm or 4:01pm?
• Can my landlord terminate my tenancy even if I have done nothing wrong?
• Can my employer dismiss me without giving me a reason why?
• Does my neighbour have any right to come onto my property if I don’t want him to?
• Can my boundary line be altered with the passage of time even if it is clearly set out in my Deeds?

The answer to all of these questions is “yes, it could”. Nicholson Portnell can advise you about these and other Dispute Resolution and Litigation matters as well as assess the most appropriate way in which to fund your legal fees.

If you have ever acted as an executor or an administrator of someone’s estate, you will probably appreciate that this can be a very difficult and demanding job. It can also be a role which is fraught with personal risk. In many ways, dealing with someone else’s assets is more problematic than dealing with your own.
There are various reasons why it might be preferable/comforting to have the benefit of legal advice/assistance if you find yourself dealing with an estate of relative or friend. For example:

• Executors/administrators can be personally liable to pay any estate debts out of their own pockets if these only come to light after the estate has been distributed (although action an be taken to limit this liability.)
• Claims can be made against the estate by certain disappointed relatives/dependants in certain circumstances, and again executors/administrators can be personally liable if they do not act prudently/cautiously.
• H M Revenue & Customs can impost financial penalties on executors/administrators if they have not made full disclosure of all relevant matters (including any relevant lifetime gifts made by the deceased).
• The Department for Work and Pensions has powers to claim back any overpayment of benefits which may have been made during the last few years of a person’s life. IF the estate has been distributed in the meantime executors/administrators can be personally liable for any refund due.

If you wish to seek advice about an estate or you wish to discuss any of the points raised above, please contact Alan Douglas, Sara Frost or Steve Bell.