Making a will yourself, and when not to

A will does not have to be drafted by a lawyer. In most jurisdictions, a document meeting the formal requirements is valid regardless of who wrote it.

The question is not validity. It is whether the document does what you intended, and whether the estate can be administered without argument.

The recurring failures

From the disputes that reach courts and from professionals who deal with the aftermath, the same problems appear.

Witnessing errors. In many jurisdictions a beneficiary who witnesses the will loses their gift. The obvious person to ask is a family member, and that is precisely the wrong person.

Other errors: too few witnesses, witnesses not present simultaneously where required, witnesses not seeing the signature.

These can invalidate the entire document.

No residuary clause, or a defective one.

A will that gives away specific items and sums but does not say what happens to the remainder leaves the residue passing under intestacy rules — producing a hybrid outcome that is frequently the opposite of what was intended.

This is the single most common drafting failure in home-made wills.

Ambiguous descriptions. "My car" when there are two. "My nephew John" when there are two Johns. "My savings" when there are several accounts.

Ambiguity is resolved by a court, at the estate's expense.

Gifts that have failed. An item given away or sold during life, a beneficiary who died first, with no provision for what happens then.

No substitute executor, so that if the named one cannot act, there is nobody.

Misunderstanding what passes under the will. Leaving a jointly owned house to children when it passes automatically to the survivor. Leaving a pension in a will when the nomination governs it.

Alterations after signing, which are generally ineffective unless executed with the same formalities. Crossings-out and additions on the face of a will cause substantial problems.

Failure to address foreseeable claims, in jurisdictions with family provision legislation.

Loss of the original, which in many systems raises a presumption that it was deliberately destroyed.

When a simple will is probably fine

A reasonable set of conditions:

You are married or in a civil partnership. Everything goes to your spouse, and then to your children equally. Your assets are straightforward — a house, some savings, a pension. There is no business, no foreign property, no complicated family structure. No beneficiary has a disability or receives means-tested support. Your estate is unlikely to face significant tax. Nobody is being excluded.

In that situation, a well-drafted template or a reputable online service is a reasonable option, and considerably better than no will at all.

When it is not

Take professional advice if any of the following apply.

A second marriage, or children from a previous relationship. The default arrangements will not achieve what you want.

Unmarried and living with a partner. The consequences of getting this wrong are severe.

Stepchildren you want to provide for.

A beneficiary with a disability or receiving means-tested benefits, where an outright gift may cause harm.

You want to exclude someone who might otherwise expect to inherit.

A business, a farm, or a partnership interest.

Assets in another country, which is an area where general guidance is inadequate.

A likely tax liability, where structuring matters.

Any trust arrangement.

Anticipated dispute, or a family situation with existing tension.

Doubt about capacity, where a contemporaneous professional assessment is the protection against later challenge.

Assessing online will services

They vary enormously, from well-designed products with legal oversight to forms with no review at all.

Questions worth asking: is the document reviewed by a qualified person; is the service regulated; what happens if there is an error; is there insurance; and is the service specific to your jurisdiction, which matters greatly.

Cheap is not the relevant metric. The cost of a professionally drafted simple will is generally modest, and it is a fraction of the cost of resolving a defective one.

Free will schemes

Several charities operate schemes offering free or subsidised will drafting by solicitors, generally in the hope of a legacy but without obligation.

Some professional bodies run periods during which wills are drafted for a donation.

These are legitimate and worth knowing about, particularly for people deterred by cost.

If you do it yourself

Use a template designed for your jurisdiction.

Get the witnessing right. Two independent adults who are not beneficiaries and not married to beneficiaries, present together, watching you sign, then signing themselves.

Include a residuary clause.

Name substitute executors and substitute beneficiaries.

Describe things unambiguously.

Do not alter it after signing. Make a new one.

Store the original safely, tell your executor where it is, and do not staple or unstaple anything, since removed staples suggest a missing page.

Have someone else read it and tell you what they think it means. If their understanding differs from yours, it is not clear enough.

The proportionality point

The cost of a simple professionally drafted will is generally less than a weekend away.

The cost of a contested or defective estate runs into thousands and takes years.

Where the situation is simple, do it yourself if you prefer. Where it is not, this is not the place to economise.

This is general information, not legal advice. Formal requirements for wills differ by jurisdiction and errors can invalidate the document. Use a template designed for where you live, or take professional advice.