The dangers of DIY wills

The economy is apparently on the up but fee-resistance is still one of the most difficult challenges I face when advising clients.
The question of cost has always been hard with private clients who are spending their own money compared to a corporate client with a budget. However I do find it surprising that people are
so resistant to spending money over their will.
This has come into sharp focus recently as the Law Commission announced its intention to review the Wills Act 1837, and I myself am working on a couple of cases where I'm trying to sort out 'DIY' wills which have gone wrong.

A will is one of the most important documents a client will ever make. They work hard their whole life, building up savings and investments primarily for their own benefit, but also to make sure they have something to pass on. Those with families say that they want their families to be looked after when they have gone and few want to pay tax unnecessarily.
So why is it that when it comes to drawing up the one document which can deal with all of these things, there is such a reluctance to incur costs?

To be fair, I'm not even sure it's always about the cost. I have just acted for a beneficiary of a well-known and wealthy personality who drew up his own will, unhelpfully making his bequests simultaneously subject to and free of tax. He could easily have afforded the legal fees, but clearly thought he could just do it himself. You wouldn't expect your client to have a go at their own root canal work or their conveyancing; yet far too many think they can draw up their own will.

I am advising the executor of a modest estate where there are UK and foreign assets involved.
The client's UK will states that it revokes all earlier wills, but later states that it is subject to the deceased's earlier foreign will. Different beneficiaries stand to inherit depending on whether the foreign will has been revoked or not. The likely outcome will be an application for rectification, with at least some costs payable by the estate.

Aside from drafting errors, issues often arise over the execution of homemade wills. I am also advising an executor of a will where the witnesses can't recall whether they were both in attendance when the will was executed. If not, the will is invalid. Of course, such issues can arise with professionally drafted wills, but advisers have a duty to oversee execution or provide clear signing instructions, thus minimising these risks.

It is possible that in some cases a court might be able to 'save' the will and for advisers faced with a problem will, it is essential to notify the affected parties (executors and beneficiaries) and consider the possible solutions as soon as possible. But litigation is expensive and where different beneficiaries stand to benefit depending on what the conclusion of the court is, it can polarise families. Advisers really need to prevent the problem, not just deal with it after
the event.

Out of curiosity I googled, "Can I make my own will?", and most of the guidance, including from the Citizens Advice Bureau, is that you can but that it is advisable to have it checked by a solicitor. Will Aid puts it nicely: "It is said that solicitors make more money sorting out badly written or invalid wills than they do out of writing them!" What can advisers do to help get this message across more clearly?

Frankly, I believe that we are too worried about being seen as pushy. We don't want it to appear as though we are feathering our nests and using alarmist tactics to persuade clients to instruct us. But if things do go wrong, won't there be good reason for alarm?

I therefore feel that we as advisers need to be prepared to take some flack if it means that we get the message across. We should lobby our professional bodies, educate colleagues in other practice areas and generally do what we can to make the point that wills are not to be dabbled with. As for the question of cost, there are firms across the country which provide excellent will writing services at a whole range of prices, so cost really shouldn't be an issue. We owe it

Fay Copeland is partner and head of private client at Wedlake Bell

She writes the regular comment on inheritance in Private Client Adviser