
The figures indicate that more people are choosing not to use a solicitor to write their Will, or to handle a probate application. But a Shropshire Wills and Estates Planning expert has warned the trend is also causing an increase in the number of problems experienced further down the road.
Richard Lloyd, a Partner in the Oswestry office of leading law firm GHP Legal, says: “The Probate Service data shows a 5% rise in the number of Wills coming to probate where the deceased had failed to appoint an executor who was either unable or unwilling to administer the estate. Further, the number of flawed Wills is in direct proportion to the number of DIY Wills.
“At the time of making a Will a lot of people only think about today and how much they might have to outlay for something that doesn’t actually benefit them at the time. But the reality is that they regularly fail to name an executor or to take account of the need to name a substitute executor in the event that the executor dies or is unwilling to act after their death. Other common problems include undervaluation of the estate, underpayment of tax and failure to include entitled heirs.
“A lot of law firms like ourselves are seeing more and more people who are seeking help to administer the estate once probate has been granted – either because the Will has been badly drafted or because they don’t understand the undertaking required by them as executors.
“So what starts out as a cost saving exercise at the time of drawing up a DIY Will, or having a Will drawn up by an unregulated Will Writer who has long since disappeared, can end up a costly exercise after a death has occurred, because a solicitor is needed to sort out the tangled mess. I cannot emphasise too greatly the wisdom – both financially and for peace of mind – of using a regulated solicitor to draw up a Will properly in the first instance.â€