The recent case of Rosemary Hill has drawn attention to the importance of using a solicitor who specialises in estate planning to draft and execute your Will.

Ms Hill intended to execute a new Will days before her death leaving the bulk of her estate to several charities. She used a Will-writing company (rather than a solicitor) to prepare the Will.

When a staff member from the Will-writing service attended with Ms Hill to sign her Will, they neglected to bring a second witness with them to witness Ms Hill's signature. Instead, the member of staff brought the Will back to the office and had a second person sign as a 'witness' there. This rendered the Will invalid, meaning that Ms Hill's previous Will was upheld, and the charities she sought to benefit lost £1million in inheritance. A professional negligence claim has now been brought against the Will-writing company.

Will-writing companies in the UK do not need any kind of qualification of experience. This no doubt increases the possibility that mistakes will be made. Such companies are unregulated and therefore also potentially uninsured. This can leave beneficiaries who lose out with limited options for redress.

It can be easy to view your own Will as simple and to think that a DIY job or unregulated will-writer will be sufficient. However, this case shows that even seemingly small procedural errors can have catastrophic consequences.

The reality is that after your death, it is too late to fix any problems there are with your Will.  If the validity of your Will is challenged after your death, the Court will make an initial presumption that the Will was validly executed but it will listen to evidence to decide if this presumption should be over ruled.  Academic opinion suggests that the strength of the presumption that a Will is validly executed unless proven otherwise is weaker where the Will is homemade and a lawyer has not been involved in the process.

Wills govern the destiny of all of your assets and possessions.  It is a false economy to risk making a homemade Will.   If your personal circumstances are straightforward,  making a Will via a solicitor is a relatively inexpensive exercise and will provide you with reassurance that it has been done the right way.   If, on the other hand, your circumstances are complicated or your assets are substantial, it is imperative that you seek full legal advice to avoid any future legal challenges or hefty tax bills.

For advice and assistance in all matters regarding Wills & Estates, contact Chloe Emerson on cemerson@fhanna.co.uk or call Chloe on 028 9024 3091