Do I Need a Solicitor to Draft My Will?
Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. Yet many people delay making a Will or wonder whether they really need a solicitor to help them.
While there is no legal requirement to use a solicitor when drafting a Will, professional legal advice can help ensure your Will accurately reflects your wishes, is legally valid, and avoids potential complications for your family in the future.
Can I Write My Own Will?
Yes. You are legally entitled to prepare your own Will or use a Will-writing service if you choose.
However, during our work with clients and families, we regularly encounter issues arising from homemade Wills or documents that have not been professionally drafted. In many cases, these problems could have been avoided through specialist legal advice and careful planning.
A Will is much more than simply recording who should inherit your assets. It is a legal document that must be drafted correctly and comply with strict legal requirements to ensure it is valid and effective.
With the rise of artificial intelligence tools, some people are now considering using AI-generated templates or AI platforms to draft their Wills. While these tools may appear convenient, they cannot provide tailored legal advice or fully understand your personal and family circumstances. A Will drafted using AI may fail to address important issues, resulting in uncertainty, unintended consequences, or disputes after your death.
For more information, read our blog: Fast, Free and Risky: Why You Shouldn’t Use AI to Write Your Will.
Professional legal advice can help ensure your Will accurately reflects your wishes, considers your individual circumstances and complies with the legal requirements necessary to make it effective.
Why Use a Solicitor to Draft Your Will?
A solicitor who specialises in Wills and estate planning can provide guidance tailored to your personal circumstances.
At Thornton Jones, we take the time to understand:
- Your family situation
- Your assets and financial position
- Your future wishes
- Any concerns regarding inheritance or family provision
- Potential inheritance tax considerations
This allows us to provide advice that is specific to your circumstances and helps ensure your Will achieves the outcome you intend.
Professional advice can also help reduce the risk of disputes, confusion, or unintended consequences after your death.
The Benefits of a Professionally Drafted Will
Having your Will prepared by a solicitor can offer a number of advantages, including:
- Clear and Accurate Drafting – Your wishes are recorded clearly and unambiguously, reducing the risk of misunderstandings or disputes between beneficiaries.
- Legal Validity – A solicitor can ensure your Will complies with all legal requirements, helping to avoid challenges relating to incorrect execution or drafting errors.
- Tailored Estate Planning Advice – Every family is different. Professional advice can help address issues such as:
- Blended families
- Children from previous relationships
- Vulnerable beneficiaries
- Business assets
- Property ownership
- Inheritance tax planning
- Peace of Mind – Knowing your affairs have been properly considered and documented can provide reassurance for both you and your loved ones.
Why Choose Thornton Jones?
Our approach is entirely client-focused.
We understand that making a Will can sometimes feel overwhelming or emotional. Thinking about what will happen after you are gone is not always an easy conversation to have.
Our experienced team provides practical guidance and clear advice throughout the process, helping to make writing your Will as straightforward as possible.
When we prepare your Will, we will:
- Take time to understand your circumstances
- Explain your options in clear, plain English
- Provide written advice where appropriate
- Prepare a professionally drafted Will tailored to your wishes
- Ensure you fully understand the document before signing
We are also available throughout the process should you wish to discuss your instructions, ask questions, or make changes to your draft Will. For more information abotu the services we offer please visit our Wills information page.
Are Will Writers Regulated?
Many people are unaware that Will writers are not regulated in the same way as solicitors.
Although some Will-writing services provide useful assistance, they may not have the same level of legal training, professional oversight, or professional indemnity insurance as a solicitor.
This can become particularly important where there are more complex circumstances, such as:
- Inheritance tax planning
- Trust arrangements
- Business ownership
- Blended families
- Care fee planning
- Vulnerable beneficiaries
Obtaining advice from a qualified solicitor can help ensure these issues are properly considered.
Common Problems We See With Homemade Wills
We regularly encounter difficulties arising from homemade Wills and poorly drafted documents.
Common issues include:
- Ambiguous wording that makes the deceased’s intentions unclear
- Assets not being dealt with correctly or completely
- Family circumstances not being properly reflected
- Incorrect signing or witnessing arrangements
- Provisions that unintentionally create disputes between beneficiaries
In some cases, these issues can lead to delays in administering an estate, increased legal costs, or even litigation between family members.
Professional legal advice can often help avoid these problems from the outset.
What Does It Cost to Have a Will Drafted?
At Thornton Jones, our standard simple Will fees start from £400 plus VAT.
This includes:
- Drafting your Will
- Specialist legal advice tailored to your circumstances
- Consideration of inheritance tax implications
- Meetings to discuss and sign your Will
- Secure lifetime storage of your original Will in our strongroom at no additional cost
Our aim is to provide clear advice and complete transparency regarding costs from the outset, see our fees here.
Frequently Asked Questions
No. There is no legal requirement to use a solicitor. However, professional advice can help ensure your Will is valid, effective and tailored to your circumstances.
Yes, provided it complies with legal requirements. However, homemade Wills are more likely to contain drafting errors or ambiguities that can create problems later on.
A Will that has not been properly executed may be invalid. This could result in your estate being distributed under the intestacy rules rather than according to your wishes.
A solicitor can advise on estate planning and identify opportunities to reduce potential inheritance tax liabilities where appropriate.
It is generally sensible to review your Will following significant life events such as marriage, divorce, the birth of children, the purchase of property or substantial changes to your financial circumstances.
How Thornton Jones Can Help
Whether you are making your first Will, updating an existing Will, or would simply like advice about your options, our experienced Private Client team is here to help.
We provide practical, tailored advice to help ensure your wishes are protected and your loved ones are provided for in the future.
For advice or assistance in relation to Wills please contact our team today on 01924 290 029 or via our online enquiry form.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
