We are in the midst of a very strange time with the outbreak of the COVID-19 pandemic. People are being asked to “self-isolate”, some people are being quarantined, and thoughts are turning to estate planning and getting one’s affairs in order.
We get this question a lot: “Can you let me know how to make a Will for my parents, or an elderly neighbour?” You may have a friend or family member who needs a Will, but they are not very good with computers. You have heard horror stories about the blank DIY Will Kits and how they don’t produce quality final documents. Surely there must be another option.
You may also be thinking about creating a Lasting Power of Attorney for property and financial affairs, or a Lasting Power of Attorney for Health and Wellfare. Perhaps you’re even considering an Advance Directive.
You may not want to book an appointment with a solicitor. You certainly don’t want strangers coming to your door (or your elderly parent’s door) offering to write a Will. Is it possible to prepare documents for somebody else without an appointment, and without leaving one’s home?
Let’s be clear from the outset. The person that you intend to prepare the Will for must have testamentary capacity. It’s one thing for them to not like computers, but if they are struggling with a cognitive illness like dementia or Alzheimer’s, then this is a non-starter. The person must know that they are working with their Last Will and Testament, they must understand the contents of that document, and they must appreciate the implications of what they are signing.
We would also recommend steering away from this approach if you are planning on making yourself a beneficiary in the Will, particularly if other people have an expectation that they will be beneficiaries, but are going to be disinherited. For example, if you are one of three siblings, and you want to help your elderly mother prepare her Will leaving everything to yourself, there is a good chance that the Will is going to be challenged and ultimately rejected by the courts. Likewise, if you are a care provider and planning to include yourself as a beneficiary, we would not recommend taking this approach.
“Why should I pay £39.95 for your service when there are free Will kits available everywhere?” . A reasonable enough question, so please allow us to explain.
In every high street in the UK we have seen a growth of the pound shop; Poundland, PoundWorld, Poundstretcher and just to shake it up; 99pLand.
But we all know that there are some things that you can buy with confidence from a pound store; notepads, desk organisers, colouring books, egg cups. And there are some things that you would probably think twice; smoke alarms, electricals, first aid supplies. I once saw a discount lifejacket in a pound shop. It didn’t feel right.
So how can we establish the value of a Last Will and Testament, when what appears to be the same product is available for £1,000 from a top solicitor. But also a free download from a website. Continue reading
Why do I need to pay to create a Will using your service, when I can get a free one downloaded from the internet, or buy a blank Will kit from WHSmith for a couple of pounds.
We get this question a lot, and it is sometimes difficult for people to fully understand the difference between using an online Will writing services like the one at LegalWills.co.uk compared to using a blank Will kit.
To illustrate the difference, we have highlighted just 20 ways in which using a blank Will kit can lead to a disaster. Because, ironically, the simpler the Will kit, the more difficult it is to write a well drafted Will. You may find it interesting that these were culled from an initial list of 45!!
1. You don’t check where the Will kit came from and who created it.
Before you download a free Will kit template, stop and think about who actually prepared the template. Nowadays anybody can set up a professional looking legal website for free using WordPress in about 2 hours. Continue reading
We always position our service as a happy mid-ground between expensive solicitor fees and the blank Will forms that you can download from the internet or buy from WHSmiths. The finished product of using an interactive online Will service is usually identical to a Last Will and Testament prepared by a solicitor. After all, a solicitor doesn’t write a Will starting with a blank sheet of paper, they use what are known as “Will precedents” or clauses that are historically established, and are known to work. Most solicitors actually use “Parker’s modern Will precedents” and this is the exact same reference book used by LegalWills.co.uk.
We’ve adapted the established Last Will and Testament clauses into an interactive online Will service. So how does the end result compare Continue reading
I’d like to start by defining some terms. An Online Will service allows you to step through an interactive interview on the internet, at the end of which a document is generated. This document should then be printed and signed in the presence of two witnesses to create a legal Last Will and Testament. There is no such thing as an “online Will” – any digitally stored or scanned document is not legally admissible to probate. A document created through an online Will service still needs to be printed and signed to make it legal.
A DIY Will Kit is a blank form kit that you might buy from Amazon, or WHSmiths. It is generally a form with some typed clauses and white spaces for you to handwrite your details. They sometimes come with a disk that lets you type in your answers.
This image is from a genuine Will kit that we purchased for £10 from a Continue reading