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10th June 2020

Your Will – Getting It Right

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During the pandemic more and more people are thinking about making or updating their Wills. They may contact unregulated legal services providers because it may have been suggested to them that they do not need to see a solicitor to make a Will. Some may have even been told they could buy a pack and/or have a go at drafting their Wills themselves.

So why should you speak to a solicitor when making your Will, and not risk relying on legal service providers?

Unlike “Legal Advisors”, only Solicitors are:-

  • under a legal duty of care to act only in your best interests, not just to sell to you;
  • trained to advise on all aspects of making a Will (and to an even higher degree if they also have the Diploma designation “TEP” and need to comply with the STEP Code);
  • trained for 6 years before they even become solicitors and this training continues afterwards and covers many other aspects of law which may impinge on your decisions;
  • regulated by the professional code of conduct established by the Solicitors Regulation Authority (which, unlike “subscription” regulators of companies is truly independent and has extensive compensation and fining powers);
  • experienced in dealing with both straightforward and complex Will matters; and
  • insured to cover you, and your family - just in case something goes wrong, because even solicitors are only human.
Making your Will without the help of a solicitor can lead to mistakes being made, provisions in your Will being ambiguous, and could mean that your Will is invalid, all without any recourse to recompense. Unlike many areas of law, problems with a Will generally come to light only after you die, when it is too late to correct it easily – and often too late to prove that an error was made. This makes it especially important to get it right first time.

Download our Consequences of not having a Will information sheet, which explains in more detail why you should make a Will.

Please click here if you would like Hewitsons to provide a fee estimate for preparing your Will.

See our Wills service page for more information or click here to email Hauke Harrack TEP, a senior solicitor in our Private Wealth Team.