The Perils of DIY Wills: A Case Study in Probate Complications

Drafting a Will is an essential task for ensuring your estate is handled according to your wishes after your death. However, attempting to create a Will without professional guidance can lead to significant complications and unintended consequences. In this blog post, we’ll explore a recent case from our probate department that highlights the pitfalls of an at-home Will not drafted by a qualified lawyer.

In a recent probate case, a testator prepared an at-home Will without consulting a legal professional. The document had several critical issues:

  1. No Appointed Executor: The Will lacked a formally appointed executor, only implying the testator’s preference.
  2. Overly-Specific Gifts: Specific gifts were outlined, but their execution was problematic.
  3. Lack of Consideration for Assets: The testator did not account for the actual assets available at the time of death.

These factors culminated in the testator’s daughter receiving little from the estate, underscoring the importance of meticulous estate planning.

Risks Involved in At-Home Wills

Implicit Executor Appointment
  1. Legal Ambiguity: Without a clearly appointed executor, the court must determine who will fulfil this role, potentially leading to delays and disputes.
  2. Family Disputes: Implications without clear appointments can cause family conflicts, as multiple parties may feel entitled to the role.
Overly-Specific Gifts
  1. Risk of Failure: Specifying gifts too narrowly can result in them not being fulfilled if the items are no longer available.
  2. Redundant or Non-Existent Assets: If the specified assets are not part of the estate at death, gifts fail, leading to dissatisfaction among beneficiaries.
Incomplete Asset Planning
  1. Limitations and Changes over Time: If the Will does not reflect the testator’s actual estate, it can lead to unequal or unintended distributions among heirs.
  2. Economic and Asset Fluctuations: Failure to update a Will with changing asset valuations or new acquisitions can distort intended distributions.

Implications of Inadequate Will Planning

Emotional and Financial Turmoil
  1. For the Beneficiaries: They may experience both financial loss and emotional distress due to perceived unfairness or errors.
  2. For the Estate: Unclear directives can lead to prolonged legal battles, diminishing the estate’s value through legal fees and taxes.
Legal and Probate Issues
  1. Probate Delays: Without clear instructions or executors, probate can be significantly delayed, affecting estate settlement.
  2. Court Intervention: The court may need to interpret or decide on items that should have been clear in the Will.

Strategies for Clients to Avoid These Pitfalls

Engage a Qualified Professional
  1. Legal Expertise: Lawyers experienced in estate planning can foresee potential issues and advise accordingly.
  2. Customized Solutions: They tailor Wills to reflect current law and personal circumstances, ensuring comprehensive coverage.
Clarity and Simplicity in Will Drafting
  1. Explicit Executor Appointment: Clearly appoint executors to avoid ambiguity.
  2. Flexible Gifting Provisions: Include substitute gifts or general gifting clauses for assets not specified.
Regular Reviews and Updates
  1. Periodic Review: Regularly update your Will to reflect life changes—marriages, births, deaths, or significant asset changes.
  2. Consider Future Possessions: Factor in potential acquisitions and disposals of assets to protect against obsolescence.

While the temptation to draft an at-home Will may arise as a cost-saving measure, the potential pitfalls far outweigh the savings. Engaging with a qualified professional ensures Wills are comprehensive, legally valid, and reflective of current wishes and assets. Through careful planning and regular updates, clients can secure their estates are distributed as intended, minimizing disputes and safeguarding their legacy.

Don’t let uncertainty and legal complexities overshadow your final wishes. Ensure your Will is comprehensive and reflects your true intentions by consulting with a qualified estate planning professional. Contact our probate department today to schedule a consultation, and let us help you create a secure future for your loved ones. Protect your legacy with the peace of mind that comes from expert guidance. Call us now on 0151 639 8273 or email us at mpb@burdward.co.uk to learn more!


Why You Need to Write a Will

Writing a Will ensures your loved ones are looked after

When it comes to planning for the future, writing a Will is one of the most important steps you can take. Despite this, many people procrastinate or overlook the necessity of creating a Will entirely. At Burd Ward Solicitors, we believe that understanding the importance of a Will is essential for protecting your loved ones and ensuring your wishes are fulfilled after your passing.

What is a Will?

A Will is a legal document that outlines how your assets and estate should be distributed after you die. It allows you to specify your wishes regarding the distribution of your property, the care of your children, and even the appointment of an executor to manage your affairs. Without a Will, your estate may be distributed according to the laws of intestacy, which may not align with your desires.

Why You Need a Will

1. Control Over Asset Distribution

Creating a Will gives you complete control over who inherits your assets, whether they be family members, friends, or charities. By specifying your wishes, you can ensure that your estate is divided according to your preferences, which can prevent disputes and confusion among surviving relatives.

2. Appointment of Guardians for Minor Children

If you have children under the age of 18, a Will allows you to appoint guardians who will care for them in the event of your death. This is an incredibly important decision that can provide peace of mind, knowing that your children will be raised by someone you trust.

3. Minimising Family Disputes

The absence of a Will can lead to family conflicts and legal battles over your estate. By clearly outlining your wishes, you can help minimize the chances of disagreements among your loved ones during an already difficult time.

4. Tax Benefits

A well-crafted Will can help you take advantage of tax allowances and reliefs, potentially minimizing the tax burden on your estate. Consulting with a legal professional can ensure that you utilize all available options.

5. Protection for Your Business

If you own a business, a Will can outline how your business interests should be handled after your death. This can include appointing a successor or outlining the distribution of shares, ensuring your business continues to operate smoothly.

6. Peace of Mind

Knowing that your affairs are in order provides peace of mind, allowing you to focus on what matters most—enjoying life and spending time with your loved ones. Creating a Will is a proactive step in safeguarding your legacy.

How to Create a Will

Creating a Will doesn’t have to be a daunting task. Here at Burd Ward Solicitors, we can guide you through the process to ensure your Will is legally sound and accurately reflects your wishes.

  1. Gather Information: Collect details about your assets, debts, and the individuals you wish to name in your Will.
  2. Decide on Executors and Guardians: Choose trustworthy individuals to manage your estate and care for your children.
  3. Draft Your Will: Work with a solicitor to draft your Will. This ensures that it meets all legal requirements and accurately reflects your wishes.
  4. Sign and Witness: Your Will must be signed and witnessed according to legal requirements to be valid.
  5. Store Your Will Safely: Keep your Will in a safe place and inform your executors where it can be found.

Writing Your Own Will

While it’s highly recommended to seek legal assistance when creating a Will, some individuals may choose to write their own. In these instances you should take a look at the guide on gov.uk.

Writing a Will is a vital step in estate planning that everyone should consider, regardless of their age or financial situation. At Burd Ward Solicitors, we offer a fixed-fee will writing service and are committed to helping you navigate this important process with compassion and expertise. Don’t wait until it’s too late—call us on 0151 639 8273 or email us at info@burdward.co.uk to start the conversation about making your Will and securing your legacy.


Probate: What It Is and Why It Matters

Grandfather and Grandson

Probate is a crucial legal process that occurs after a person passes away. It involves validating a deceased person’s will, identifying and appraising their assets, settling debts and taxes, and distributing the remaining property according to the will or, if there is none, according to intestacy laws.

What Is Probate?

Derived from the Latin word probare, meaning “to prove,” probate refers to the administration of a deceased person’s estate under English law. This process ensures that all legal, financial, and personal matters are handled appropriately after someone’s death. Key steps include:

  • Validating the will
  • Appointing an executor
  • Overseeing the distribution of assets

Why Is Probate Necessary?

Validation of the Will

One of the primary purposes is to confirm the authenticity of the deceased’s will. This validation is vital for ensuring the will adheres to legal standards and reflects the deceased’s true wishes. Without probate, disputes regarding the will’s validity may arise, potentially leading to protracted legal battles among heirs.

Appointment of an Executor

Probate formally appoints an executor responsible for managing the estate. This official designation is essential, as it establishes clear authority to handle the deceased’s affairs, preventing confusion and delays in settling the estate.

Inventory and Appraisal of Assets

The process includes compiling an accurate inventory of the deceased’s assets. This inventory ensures that all property is valued correctly, which is necessary for tax assessments and equitable distribution among beneficiaries.

Payment of Debts and Taxes

Before any assets can be distributed, outstanding debts and taxes owed by the deceased must be settled. Probate ensures that creditors are notified and given the opportunity to claim their dues, while also guaranteeing that the appropriate taxes are paid to avoid future legal complications.

Distribution of Remaining Assets

After debts and taxes are settled, probate oversees the distribution of remaining assets according to the will or, in the absence of one, according to intestacy laws. This legal oversight ensures that the distribution is fair and compliant with the law.

Simplifying the Process

While probate can appear complex, it is designed to provide a clear and structured method for managing a deceased person’s affairs. It offers legal protection to both beneficiaries and the executor, ensuring that all steps are completed in accordance with the law.

Can You Avoid Probate?

In some instances, it may be possible to avoid probate. Certain assets, such as jointly held properties or specific types of pensions, may not require probate. Consulting with a legal professional can provide valuable insight into whether probate will be necessary for a particular estate.

Probate is an essential process that involves validating wills, appointing executors, inventorying assets, paying debts, and distributing property. While it may seem cumbersome, its role is vital in ensuring legal clarity and honouring the deceased’s wishes.

If you have questions about the process or need assistance with an estate, don’t hesitate to contact our dedicated team at Burd Ward Solicitors on 0151 639 8273. Our experienced team is here to guide you through every step, ensuring a smooth transition for you and your loved ones.