The Perils and Pitfalls of Homemade Wills: Why Professional Advice Matters

When it comes to planning for the future, making a Will is one of the most important steps you can take. It ensures your loved ones are protected and that your hard-earned savings, property, and personal belongings are distributed according to your wishes.

However, many people are tempted to cut costs by preparing a homemade Will or using an unregulated will-writing service. Unfortunately, this can lead to serious problems, delays, and additional expense for your family at an already difficult time.

At JWP Solicitors, our Head of Private Client, Joanna Longfellow, regularly sees the consequences of poorly prepared Wills – and the difference that professional advice can make.

A Common Misconception About Will Writing

Research shows that over one-in-four adults are under the false impression that all will writing services are regulated. This simply is not the case.

Unlike Solicitors, many will-writing services are not regulated and are not required to meet the same professional standards. They may not carry the same level of insurance, training, or oversight. Crucially, many unregulated will writers do not deal with estate administration, meaning they may be unaware of the practical problems that can arise after death.

When you consider that your Will controls your entire estate – often representing a lifetime of savings and property – it is not an area where corners should be cut.

By instructing qualified and regulated Solicitors to prepare your Will, you gain peace of mind that:

  • Your Will has been drafted correctly.
  • It has been properly executed.
  • It complies with legal requirements.
  • Your wishes are clear and enforceable.
  • Your loved ones are less likely to face complications.

The Hidden Problem: Probate Delays

For many people, probate is seen as a straightforward process. In reality, the percentage of estates experiencing delays in obtaining a Grant of Probate has increased in recent years.

One significant contributing factor is how the Will was drafted and executed.

Homemade Wills often cause delays with the Probate Registry. Common issues include:

  • Incorrect signing or witnessing.
  • Minor amendments not properly dealt with.
  • Unclear wording.
  • Missing or incomplete information.
  • Errors in execution.

Even a minor amendment can result in the Probate Registry stopping the application until further evidence is provided.

These delays not only add stress but can also increase legal costs and prolong the administration of the estate.

A Real Comparison: Two Estates, Two Very Different Outcomes

At JWP Solicitors, we have recently dealt with two estates that clearly demonstrate the difference between a professionally prepared Will and a homemade one.

Case Study 1: Will Prepared by JWP Solicitors

In the first case, the Will had been prepared by our Solicitors.

After the lady passed away, the Executors instructed JWP to apply for the Grant of Probate. The application was submitted to the Probate Registry, and the Grant of Probate was obtained and received within just 5 days.

The process was smooth, efficient, and free from unnecessary complications – providing reassurance to the family at a difficult time.

Case Study 2: Homemade Will

In the second case, the Will had been prepared at home and was not drafted by JWP or any other regulated Solicitor.

When the application for Probate was submitted, the Probate Registry stopped the case. Witness statements had to be obtained from the witnesses to confirm the Will had been signed correctly.

As a result, the Grant of Probate was not issued until 5 months after the initial application.

This caused significant delay, additional stress, and avoidable expense – all stemming from issues that could have been prevented by proper drafting and execution.

The True Cost of Cutting Corners

While a homemade Will may seem like a cost-saving option, the reality can be very different.

The relatively small cost of having a Will professionally prepared can:

  • Prevent delays.
  • Avoid additional legal fees later.
  • Reduce the risk of disputes.
  • Protect your family from unnecessary stress.
  • Ensure your wishes are carried out exactly as intended.

When your estate represents a lifetime of hard work and financial planning, it makes sense to ensure it is protected properly.

Peace of Mind for You and Your Family

A professionally drafted Will is not just a legal document – it is reassurance for your loved ones.

At JWP Solicitors, our Private Client team provides clear, practical advice tailored to your circumstances. We ensure your Will is properly drafted, correctly executed, and designed to minimise the risk of future complications.

If you are considering making a Will – or if you already have a homemade Will and are unsure whether it is valid – we would strongly encourage you to seek professional advice.

A small investment now can save your family significant time, money, and stress in the future.

Contact Us today to arrange an appointment with our Private Client team and ensure your final wishes are protected.

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