DIY Will Writing - The Cause of Much Contested Probate - By: Tim Bishop

If you die intestate (i.e. without having made a valid will) then certain members of your family may be entitled to your estate as beneficiaries. This might not be what you want; there may even be particular beneficiaries which you definitely do not want to inherit.

You're young and this is easy, you tell yourself. The particular members of your family might try to contest your Will in any event. So maybe all you need to do is put something down on paper indicating who you want to take what when you die, you can then stick this in a locked draw and forget all about it.

No! If you want to create a valid Will the definitely don't choose this route. The purpose of a Will is to make clear who you wish to inherit your assets upon your death.

Okay, fine. So, all you have to do is get a cheap home DIY Will writing kit, be absolutely clear and you could do that in a simple paragraph. Sounds simple…and cheap.

If you unwittingly create documents that don't comply with the legal requirements for a valid Will then you are leaving the way open for your Will to be contested. The person you appoint as Executor will be left facing the legal action of potential beneficiaries or dependents who may stake an inheritance claim.

This might also be the case if you use an unqualified lawyer or firm. It means too that substantial legal fees are incurred which are likely to be met with your money. If your Will is properly drafted by an experienced solicitor then you can rest safe in knowledge that any contested probate claims can be avoided.

If a mistake is made using a DIY will writing kit there is no recourse for action against the company who sold you the kit.

Qualified solicitors are obliged to respond to complaints through the Legal Complaints Service. Their practices are heavily regulated by statute and the Law Society; they are legally required to have a minimum of £2 million pounds worth of insurance cover and they must renew their practising certificate on a yearly basis. They will be able to examine every detail contained within the Will and highlight any potential problems. They know that a contested probate claim made by anyone who is not happy about the distribution of your Estate is not what you would wish to happen.

Your choice is between a skilled professional and a stranger who is unqualified to write a Will. Contesting wills is sadly an area of law that is expanding rapidly and DIY wills, or wills prepared by people without sufficient experience, are often the cause.

About the Author

Bonallack & Bishop are solicitors specialising in contested probate claims. If you need advice on contesting Wills contact one of their lawyers today. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and sees himself as a businessman who owns a law firm.

Article Directory Source: http://www.articlerich.com/profile/Tim-Bishop/62652

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