Wills

Want to write your own Will? 10 things to look out for.

Originally published: 21 July 2016 | Last updated: 21 August 2025 The process of creating your own Will exists but you need to stay away from ten essential errors which threaten your estate. The Legal Services Board conducted a mystery shopper test which revealed that 25% of Wills created by professionals did not meet the […]

7 minute read
Anonymous

Tim Hewson

August 21, 2025

Originally published: 21 July 2016 | Last updated: 21 August 2025

The process of creating your own Will exists but you need to stay away from ten essential errors which threaten your estate. The Legal Services Board conducted a mystery shopper test which revealed that 25% of Wills created by professionals did not meet the required quality standards. The Legal Services Board mystery shopper exercise showed that 1 out of every 4 Wills which professionals created did not pass their quality assessment. The Legal Services Board mystery shopper exercise showed that 1 out of every 4 Wills which professionals created did not pass their quality assessment. The Legal Services Board mystery shopper exercise showed that 1 out of every 4 Wills which professionals created did not pass their quality assessment. The Legal Services Board mystery shopper exercise showed that 1 out of every 4 Wills which professionals created did not pass their quality assessment. The main problems consist of failing to update your Will and using empty legal documents instead of professional services and learning about proper signing procedures and avoiding legal assumptions and keeping detailed records of your property. An online service like LegalWills.co.uk guides you past all of these pitfalls for just £49.95.

Can you write your own Will?

Yes, it is entirely legal to write your own Will in England and Wales. You do not need a solicitor. Estate planning contains legal elements which produce errors that even experienced experts make. The Legal Services Board discovered that 1 out of every 4 Wills which solicitors and Will-writing companies created did not pass their quality assessment tests. The legal profession failed to create simple Wills at a higher rate than Will-writing businesses did with their complex documents. The failure rates were identical across both. Around 1 in 5.

The lesson requires you to identify common errors which happen when using professional Will services or when creating Wills independently. The list contains ten essential elements which need your attention.

10 Things to Look Out For When Writing Your Own Will

1. Not keeping your Will up to date

Your Will needs to show your present life situation. People need to update their documents when they experience following major life events:

Marriage or divorce (marriage automatically revokes an existing Will in England and Wales)

Birth or adoption of a child

Death of a beneficiary or Executor

People need to update their documents when they obtain new assets through inheritance or property acquisition or business acquisition. People need to update their documents when their relationship with someone who appears in their Will changes. The solicitor charges hundreds of pounds for each update which makes people avoid checking their documents regularly. The subscription service at LegalWills.co.uk allows members to obtain all necessary updates while their subscription period remains valid. You can change your Will in minutes and print a new copy.

2. Not using a reputable Will writing service

Free Will templates which people download from the internet do not provide reliable information. You have no way to verify who created them, whether they cover the correct jurisdiction, or whether they are up to date with current law. A blank Will form from a stationery shop provides no guidance or validation. The process of creating a Will requires you to select a trustworthy service which will help you develop a legal document with proper formatting.

3. Not being transparent about costs

Some Will services advertise low or free prices but then require credit card details and charge for essential features. Others provide an initial cost but they charge additional fees for services which include printing and storage and updates. At LegalWills.co.uk, the price is £49.95. The service operates without any hidden fees or unexpected charges.

4. Making assumptions about your family

People tend to believe their family members will solve all problems through peaceful agreement after they pass away. The probate process brings out the worst in people when it happens in real life. Children together with their step-children and spouses and extended family members will develop strong conflicts about how to divide inheritance property. A clear, unambiguous Will with specific instructions is the best way to prevent family disputes.

5. Making assumptions about the law

People maintain wrong beliefs about law which leads them to create invalid Wills that produce severe legal issues. The statement that my partner gets all my belongings by default stands as incorrect. The law does not grant unmarried partners any right to inherit through intestacy when their partner passes away.

“I can leave everything to whoever I want”: Mostly true, but dependants can make claims under the Inheritance Act 1975.

“Marriage doesn’t affect my Will”: False. Marriage automatically revokes your existing Will in England and Wales.

“My children will automatically be looked after”: Without a guardian named in your Will, the courts decide.

6. Not signing the Will correctly

The law enforces precise rules which govern how people need to sign documents when they want to create Wills in England and Wales. Your Will must be:

You need to sign your Will before two witnesses who must watch you sign it.

Both witnesses must sign in your presence

All three must be present at the same time

Witnesses must not be beneficiaries (or married/civil partnered to a beneficiary)

Any deviation from these requirements can invalidate the entire Will.

7. Not having a residual clause

The residual clause protects all property which does not belong to any other category in your Will. The law will distribute any assets which do not appear on the list through its intestacy rules. Not according to your wishes. People tend to forget about this essential clause when they create their own Wills.

8. Not considering the tax implications

The government imposes a 40% tax on estates which exceed £325,000 after they reach the nil-rate band threshold. The Will contains simple strategies which allow you to donate 10% to charity which decreases the IHT rate to 36% and you can create trusts and use the entire £175,000 residence nil-rate band to save your beneficiaries thousands of money.

9. Not dealing with digital assets

You need to deal with your digital existence which includes email accounts and social media and online banking and cryptocurrency and subscription services. Your Executor needs to know what digital accounts exist and how to access them. You should include digital asset instructions in your Will or use LegalWills.co.uk through MyLifeLocker service to protect your documents.

Last Will and Testament

10. Not documenting your assets

The process of executing a Will becomes challenging because your Executor fails to locate the assets which belong to your estate. Bank accounts, insurance policies, property documents, investments, pension details. All need to be documented in one accessible place. The MyLifeLocker service at LegalWills.co.uk lets you create a comprehensive asset inventory that your Executor can access when needed.

Frequently Asked Questions

Is a DIY Will legally valid?

Yes, if it meets the legal requirements: it must be in writing, signed by the testator in the presence of two witnesses, and signed by both witnesses in the testator’s presence. The method of creation does not affect validity.

What is the most common mistake in a DIY Will?

People make their Wills completely invalid because they fail to follow proper signing and witnessing procedures. The Will becomes void when signing rules fail to get fulfilled even though the document contains excellent content.

How often should I review my Will?

After every major life event and at minimum every 3: 5 years. People should update their documents immediately after marriage and divorce and childbirth and death and when major financial shifts occur.

Do I need a solicitor to write a valid Will?

No. The law does not require any person to get legal assistance from a solicitor. Online Will services provide customers with the same level of satisfaction as solicitors do at an affordable cost which results in an 8.5/10 rating compared to solicitors’ 8.8/10 rating. The service charges customers about one-tenth of what they would pay for solicitor services.

What makes LegalWills.co.uk different from a blank Will kit?

LegalWills.co.uk guides you through a structured questionnaire, validates your responses, applies the correct legal framework, and generates a professionally formatted document. A blank kit gives you an empty form with no guidance, validation, or error checking.

Tim Hewson

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