Provided that a will meets the formal requirements of validity (i.e. that it is in writing, signed by the person making it (the testator) in the presence of two witnesses who then add their signatures as witnesses in the presence of the testator and in the presence of each other and that the testator intended to give effect to the will by signing it), there is no absolute need for the document to be prepared by a solicitor or other professional.  However, as this case shows, there can be real risks involved in not seeking professional advice.  

While this particular case concerns which document should actually govern the distribution of Ms Franklin's estate, it does illustrate the good sense of having a professionally prepared will. Not only would there be greater certainty that the later will (provided it was valid) would automatically revoke (or cancel) the earlier will, but there would also be the opportunity for the professional to take proper instructions and give appropriate advice to an individual to ensure that as many eventualities are taken into account as possible.

While it is possible to get a grant of probate in respect of a homemade will, there are often issues in terms of whether it is valid and also what is actually meant by the will itself.

Instructing a solicitor to prepare a will enables your particular circumstances to be considered and properly reflected. We can advise about the tax implications of what you are proposing and ways to mitigate that, advise you in relation to claims that you ought to possibly consider to avoid unfortunate consequences later, balancing family interests in blended families, asset protection, protecting vulnerable beneficiaries to name but a few areas that we can cover.

Making a will is something that people tend to put off and perhaps consider that using a solicitor to do so is an unnecessary expense. However, having a properly prepared will in place could potentially avoid even more expense in the future...