People risk having their dying wishes ignored and subjecting grieving loved ones to greater stress if they attempt to cut corners by creating a DIY Will during the coronavirus lockdown.
Morag Yellowlees, Partner in our Private Client team, described how her intervention prevented the prospect of a man’s Will being deemed invalid which prompts her to emphasise the dangers of people using pro-forma online options when trying to get their affairs in order.
As the impact of Covid-19 has fuelled a greater necessity for DIY work - with questionable results from home haircuts among the most talked about consequences - there are suspicions that some people are extending that to drawing up their own Wills as they have seen the heartbreaking impact of coronavirus. Lockdown and time furloughed from work has also provided chances many would not normally have to consider their personal paperwork and arrangements.
But many online offerings can be fraught with pitfalls, particularly because of legal differences between Scotland and England.
Morag said: “I recently had a case where a client asked me to look over a Will which he had prepared himself using an online style. The style conformed to English rather than Scots law and, if the client had proceeded with it, there was a danger that it would not have been valid had he died. The document did not indicate that the person signing it had to sign on each page. It also contained a number of English legal terms rather than the appropriate Scottish ones.
“By using a style Will, an individual will not be made aware of legal rights which are a distinctive feature of Scots law, protecting certain family members from disinheritance. Legal rights do not feature in English law. People may also not be aware of the inheritance tax planning which can form part of Will drafting.”
Our lawyers have also helped a number of families who have been unable to see through the Wills left by those closest to them without problems because an online Will has not lined up with the Scots law or modern family relationships. And they fear that it is a problem which may grow.
Morag added: “Closures forced by the lockdown restrictions have led to many people coming up with makeshift ways to recreate expert services at home. Some of the online posts we’ve seen displaying the results of novices using kitchen scissors and clippers to cut their hair have highlighted why most us pay a professional for these services instead of attempting it ourselves.
“While it may seem savvy to save money using an off-the-shelf DIY Will, there are many risks involved in doing so which could have disastrous ramifications for family and loved ones at a distressing enough time.”
The dangers explained:
- Scotland compared to England: The requirements for a validly signed and self-proving Will in Scotland and England are different. Many of the DIY Wills are based on English signing requirements and do not highlight the differences between Scots and English law. If a Will is not correctly executed in Scotland, it can be necessary to apply to the court to have the Will set up. In the current Covid-19 situation this is causing delay to the administration of an estate and adding unnecessary complications for family members.
- One size does not fit all: Modern families often include children from previous relationships or step-children and it is important that your will is tailored to meet your requirements. In the same way that one haircut will not suit everyone, a template Will is not suitable for everyone’s situation.
- The words matter: It’s important to ensure that the correct terminology is used to safeguard the people you wish to inherit your estate. Without that, you risk causing stress the very people you are setting out to support.
Morag said: “The costs of correcting any errors in a DIY Will in the future certainly outweigh the cost of using a solicitor to prepare your Will now. While many people are being forced to keep their own hair tidy at the moment, the same does not have to be said for legal affairs. Lawyers are still available to help.
“While your hair can grow back or be corrected by a professional when the time comes, the realisation that your Will may not suit your or your loved ones’ needs very often comes too late to have it repaired in a way that does not add stress and expense at an awful time.”
This article appeared in the Daily Mail on 31 December 2020.