While DIY Will kits and online templates are marketed as a cheap alternative to solicitors, they are the single largest source of contentious probate claims in the UK. Without professional oversight, “supermarket Wills” frequently fall foul of the strict formalities required by Section 9 of the Wills Act 1837. This article explores the common flaws in DIY Wills, from improper witnessing to “beneficiary witness” errors, and explains how these mistakes provide a clear legal path to contesting the Will and restoring the estate to a previous, valid version or the rules of intestacy.
The False Economy of the DIY Will
A Will kit costs £20; a contentious probate lawyer costs £300 an hour. The irony is that the former often necessitates the latter. The Wills Act 1837 is unforgiving. If a Will is not signed and witnessed exactly as the law prescribes, it is as if the document never existed.
The “Fatal” Mistakes in DIY Execution
We frequently see three “classic” errors that allow a DIY Will to be contested:
The Beneficiary Witness: If a person who stands to inherit (or their spouse) signs as a witness, their gift is automatically void under Section 15 of the Wills Act 1837. The Will may be valid, but the “predatory” or accidental witness gets nothing.
The “Separate Room” Error: Both witnesses must be present at the same time and see the testator sign. If the testator signs and then takes it to the neighbors one by one, the Will is invalid.
Ambiguous Language: DIY Wills often use non-legal terms like “I want my house to go to my friend, but only if they need it.” This creates a “trust” or a “condition” that is impossible to execute, leading to a court battle over construction.
Challenging “Knowledge and Approval”
When a solicitor drafts a Will, there is a presumption that the testator understood it. With a DIY Will, that presumption is much weaker. If the template used complex legal jargon that the deceased wouldn’t have understood, or if the “kit” was filled out by a relative and just signed by the deceased, we can challenge it on the grounds of Lack of Knowledge and Approval.
Cleaning Up the DIY Mess
We offer Authority on Section 9 compliance, Education on common kit flaws, Empowerment to challenge invalid documents, Empathy for families dealing with the fallout of “well-meaning” mistakes, and Urgency in freezing the estate before an invalid Will is proved.
Let’s Do This Together
Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.
To our team, this process is not about winning; it’s about claiming what was yours from the beginning.
Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com
FAQs
1. If a DIY Will is found invalid, does the person’s previous Will come back to life?
Yes. If the current Will is struck down, the law looks for the “last validly executed Will.” If no such Will exists, the estate is distributed according to the Rules of Intestacy.
2. Can a DIY “Codicil” be used to change a professionally written Will?
Yes, but it is dangerous. A codicil must follow the exact same signature and witnessing rules as the original Will. People often think they can just “scribble a note” and staple it to their Will, this is legally ineffective and often leads to a “Lack of Approval” claim.
3. What if the witnesses to a DIY Will have died or cannot be found?
If the Will has a standard “Attestation Clause” (the text at the bottom saying it was signed in their presence), the court presumes it was done correctly. However, if that clause is missing or poorly worded, common in DIY kits, the executor must track down the witnesses to provide an “Affidavit of Due Execution.” If they can’t, the Will may be rejected by the Probate Registry.
contact
For a free initial conversation call
0800 29 800 29
Frequently asked questions.
Can A Will Be Contested?
Yes, a will can be contested if there are valid legal grounds to challenge its validity.
What are the different Types of Trusts?
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
What are Examples of Inheritance Trust disputes?
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
What’s the difference between contesting a will and contentious probate?
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
Do I have to go to court to contest the probate?
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.
