Writing a will Problem solvers
Should I use a solicitor to write my will?
A solicitor will help you make a will, and can store it for you for a fee
A solicitor will help you make a will, and can store it for you for a fee. The main benefit of going to a solicitor is that you can discuss face to face what you want the will to achieve.
In addition, solicitors are qualified and regulated by The Solicitors Regulation Authority (solicitors in England and Wales), The Scottish Law Society and the Northern Ireland Law Society respectively (see Contacts and glossary) – so, if something goes wrong, you or your dependants have access to redress through the relevant body's complaints service and compensation fund.
The solicitor may suggest that their firm is appointed as a sole or joint executor. This could mean that substantial sums ended up being paid to them even when the estate is relatively straight forward to deal with.
You could use a will-writing firm, or do it yourself by using a will pack or will writing service if you have incredibly simple affairs.
Alternatively, you could use a bank. If you do, you may be offered the option of appointing the bank as a sole or joint executor. For performing the role of sole or joint executor, banks often charge on a percentage of the value of the estate (anything up to 5%) basis - regardless of how complex the estate actually is to deal with. The alternative would be to appoint a trusted friend or relative who could then choose whether to involve a professional and, if they did, could negotiate the best price for dealing with the estate.
Finally, you may want the speed and convenience of an online will writing service. An important feature to note here is the technical guidance that you will receive if you have a problem. After all you don't want to be half-way through to find that you aren't sure what to do in order to leave your assets to the correct people. Always check that the people you are speaking to are qualified Solicitors and not just 'experts'. If they are experts then check what qualifications they have got to give you advice.
Which? Legal Service has recently launched Which? Wills, an online will writing service offering an easy, affordable alternative to using a solicitor. This service offers the convenience of an online will writing service with the reassurance of actually speaking to qualified Solicitors. The fixed charge for a single will is £89 and £149 for a pair.
What are will writers and how do I choose one?
Will writers are an alternative to solicitors, but unlike solicitors they don’t have to be qualified or regulated. So if you use one, make sure he or she is a member of a recognised trade body such as the Institute of Professional Willwriters or the Society of Will Writers.
Both bodies have codes of practice that require members to reach certain minimum standards and have indemnity insurance of at least £2 million.
How much does it cost to get a will drawn up?
Whether you go to a will writer, solicitor or bank, simple wills start from about £80 and go up to several hundred pounds. If you and a spouse or partner want substantively the same wills it usually costs less to make the two wills at the same time than pay to have each made separately. If you want a more specialist will that deals with, say, trusts, the cost goes up – expect to pay a minimum of £500 to £600.
Wouldn’t it be cheaper and easier to do it myself?
It will certainly be cheaper, but DIY wills are suitable only if you have very straightforward circumstances (see Wills: the basics for tips on when not to DIY). If you make a mistake, it can leave you in the same position as if you hadn't written a will at all.
I'd like to find out more about writing a will before I approach a professional, where can I go?
Have a look on the internet and ring around some solicitors if you're keen to research wills before you commit to one
Have a look on the internet and ring around some solicitors if you're keen to research wills before you commit to one.
There's a whole host of websites giving you information about will-writing, but you need to be selective as some of them are little more than advertising sites. The Law Societies and will-writer's trade bodies mentioned in this report give some information for consumers (see 'Contacts and glossary').
For clear guidance on the whole process, order the Which? book, Wills & Probate. Age UK (formally Age Concern) produce a very useful booklet called Will to Change, which can be downloaded from the website. Alternatively, call 020 8765 7527 to request a copy
I’ve made my will. Now what do I do?
You have to decide where to store it. The original signed and witnessed will must be produced when you die, otherwise your assets are treated as if you died intestate.
Some solicitors, will-writing firms and banks store wills for free if you made the will through them; others will charge a one off or annual fee. Be sure to tell your executor where your will is.
What if my circumstances change?
It's important to review your will every few years and consider amending it or even writing a new one if there is a change in circumstances, such as if you get married, have children or get divorced.
Changes to a will can be made by codicil – an addendum to the original will – or by revoking the old will and drawing up a new one. You can revoke a will by physically destroying it. If the change is relatively simple, you can write a codicil and get it witnessed, and keep it with your existing will. But you should not alter the original will.
If you wish to make a new will, it should begin with a clause stating that it revokes all previous wills and codicils. If the changes are complicated, such as you remarry, it may be best to get legal advice on drawing up the new will.
For expert advice on every aspect of making a will, including tips on keeping costs down and all the dos and don'ts, read the best-selling essential guide Wills & Probate.
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