Yes, you are able to contest a DIY Will. Here is how you can do it.
DIY Wills are extremely popular. But the consequences of cutting corners and saving a few pounds in legal fees can be far reaching, making the DIY Will a false economy.
It is important to bear in mind that a DIY Will can be contested just like a professionally drawn Will. The courts do not make special allowance just because a Will has been prepared by someone who is not a solicitor or a professional Will writer.
Our contentious probate team sees a wide variety of homemade Wills and are therefore familiar with the common deficiencies that arise when there has been no professional input. These issues often lead to those Wills being contested or even form the basis of a challenge to the legal validity of the DIY Will itself.
Here are some of the main problems that can arise with a homemade Will, resulting in the Will being contested:
Legal Formalities
A Will must meet specific requirements to be legally valid. In particular it must have been signed correctly with the right number of witnesses. We find that DIY Wills often fail to comply with these formalities, making the document legally invalid. For further guidance click here.
Ambiguity
Where the wording of a Will is unclear, vague, or ambiguous, then a dispute is more likely to arise. Problems can also arise when key clauses are not included.
Unfairness
When people make a Will themselves they can overlook the potential for unfairness and the right of certain individuals to make a claim under the Inheritance Act if they do not receive reasonable financial provision.
Capacity
For a Will to be legally valid the maker of the Will must have had the requisite mental capacity to make it. Solicitors always consider testamentary capacity, but when the Will is homemade there is no independent consideration of this crucial point.
Undue Influence
The risk of Undue Influence is also greater with DIY Wills as again there is no professional involvement that might dissuade or identify this issue. A Will can be declared invalid if Undue Influence can be established.
Storage
Homemade Wills may not be stored securely, increasing the risk of loss, damage, or destruction. Solicitors often provide secure storage options to ensure the Will is protected and our own Wills and Probate department offer a free storage service.
In summary, while making a homemade will can be tempting due to its simplicity and low cost, the potential drawbacks must be taken into account. The relatively modest cost of having a Will professionally prepared by a specialist solicitor bears no comparison to the legal costs that could be incurred if the Will is challenged.