Can I Make a Will Online?

Making a Will online

Many people put off making a Will, thinking that it will be a complicated and time-consuming process. But a number of organisations now boast an easier and quicker option in the form of online Will writing services.

In most cases, you’ll be able to put together a Will based on a template. You’ll then submit this and the organisation arranging it – either a charity or an online Will writing company – will have it reviewed.

It’s worth bearing in mind that these organisations won’t always use a solicitor to check your Will. So if having this security is important to you, you should make sure to do your research before going any further.

Are online Wills legal?

Writing a Will online is completely legal, but just like with a traditional Will, there are certain requirements you’ll need to meet for the document to be valid.

Firstly, you’ll need to be over the age of 18 when you start drafting your Will. You’ll also need to have what’s called ‘testamentary capacity’. This essentially means that you understand what a Will is and the impact it will have on your loved ones.

Your Will must also be signed by you in the presence of two witnesses who don’t stand to benefit from your estate. This is where using online Will writing services can become more risky, as they won’t always advise you to take this action.

What are the risks of online Wills?

According to the latest National Wills Report, 16% of people said that they had written their Will online. But while online Will services are becoming more popular, it’s important to consider the risks involved. These include:

• Failure to consider complicated family arrangements
  Writing a Will can become more difficult when there are complicated family dynamics. You might have children from a previous marriage, or perhaps you have stepchildren who you’d like to benefit from your Will.

Experienced Wills and probate solicitors will talk to you about your circumstances and make sure the terms of your Will reflect them. But this is not always the case with online Will writing services, so there’s a risk that your loved ones could miss out.

• Hidden costs
  People will often choose to write a Will online to save money. But it’s important to be wary of hidden charges in the terms and conditions. You may be able to buy a Will for £20 or less, but it could end up costing more in the long term.

Some online Will writing companies will automatically make themselves the executor of your Will, which means they will control the distribution of your estate after you die. There will often be a high price charged for this service, even if you didn’t mean to sign up to it.

It’s also worth bearing in mind that once an online Wills company has control of your Will, they could refuse to release it to your loved ones. This can result in costly legal battles, which will take a significant emotional toll on grieving family members.

• Lack of regulation
  Solicitors have to work to strict standards and regulations, which provides clients with a certain level of protection. They’re also required to keep up with any changes in legislation, so that they can ensure clients’ Wills are legally valid.

But because online Will writing services are not subject to the same regulations, there is less protection for clients if things go wrong.

If you do decide to write a Will online, make sure to check that the organisation is at least a member of the Society of Trust and Estate Practitioners (STEP) or the Institute of Professional Will Writers (IPW).

The rules surrounding Wills are strict, and unfortunately mistakes are sometimes missed when a Will is made online. In some cases, a seemingly small oversight could render the entire Will invalid, which could mean your loved ones don’t inherit from your estate as you’d wish.

There are also tax consequences to take into consideration when you’re writing a Will. When you speak to an experienced solicitor, they’ll use their knowledge and experience to reduce the amount of inheritance tax applied to your estate. But you’ll rarely benefit in this way from an online service.

To find out how our solicitors could help you get the most out of your Will, get in touch with us or start your enquiry online.

Note: First4Lawyers offers this information as guidance, not advice. Before taking any action, you should seek professional assistance tailored to your personal circumstances.