Homemade or DIY Wills are not a new phenomenon and have been around for some time. To some a Will may look fairly straightforward, especially when things such as a high street ‘Will Kits’ are so readily available, how difficult can it be? They are also seen as an attractive option to many, allowing a saving of a few hundred pounds, especially in the midst of a cost of living crisis, but are they worth the outcome should it all go wrong?
The case of Smith v Ganning serves as a salutary reminder to those contemplating making a DIY Will, as it places the importance of executing a Will properly firmly in the spotlight.
In brief, Mrs Ganning died on 20th May 2016 having made a homemade Will which sought to leave her full Estate to her spouse. Mrs Ganning had a daughter who, following the death, alleged that the Will had not been validly executed. If this was to be proven, Mrs Ganning’s daughter would be entitled to a share of her Estate under the Intestacy Rules, rather than it all passing straight to the spouse.
The matter went to Court and it was decided by the judge that the Will had in fact not been executed in accordance with the required formalities and was therefore void, meaning Mrs Ganning had died intestate and her Estate was not distributed in accordance with her wishes.
Smith v Ganning is just one of the very many cases where a homemade Will is deemed as being void for a multitude of different reasons. Figures have previously shown that often up to 10% of an Estate value can be eaten up by legal fees incurred from an invalid Will (not so cost effective now!)
Some examples of the problems commonly encountered with DIY Wills are:
- Invalidity due to incorrect signing and witnessing
- No appointment of Executors
- Badly worded documents causing uncertainty as to wishes
- Disgruntled family members raising issues in relation to lack of capacity or undue influence
Therefore, rather than putting your Estate and your final wishes at risk, the much safer option is to seek advice from a qualified legal expert. At Ramsdens we have a dedicated team of lawyers who can advise you and provide a will writing service, avoiding costly mistakes and guiding you through the process from start to finish, thus providing peace of mind to you and your loved ones.
If you would like advice on writing your Will, please contact out experienced Private Client team today. Call us on 0800 988 3650, email willsandprobate@ramsdens.co.uk or text LAW to 67777.