Farming Talk: Unveiling the risks: the hidden issues of homemade wills

This was until two handwritten wills were found hidden in her sofa and cabinet, creating a four-year long family dispute in relation to which of the two documents should be regarded as her valid will.

Creating a will is an important aspect of farm estate planning and ensures that your assets are distributed according to your wishes. Although drafting a will yourself at home may be appealing in terms of time and cost, it could lead to significant complications and achieve the opposite of which you desire to happen upon your death.

Wills must satisfy strict legal provisions to become valid. A will must be in writing, signed and witnessed by two independent witnesses. Additionally, if the language in your will is uncertain, or your intentions are not presented clearly, this could lead to the will being held invalid. Improperly executed wills can lead to family disputes with significant legal costs.

An experienced estate planning professional will be able to structure your will to provide distribution of your entire estate in the most efficient way. They may advise to include different types of provisions in your will such as setting up a trust or giving someone a life interest in an asset, in addition to other effective ways of estate planning, with careful consideration of other factors such as tax implications and other legal aspects.

While making homemade wills may seem like a good option, it may lead to significant risks which can negatively affect your intended wishes and create undue burdens on your family. By instructing an estate planning professional to advise you about your will, you can ensure that your wishes are accurately reflected in a legally effective way, providing peace of mind for you and your loved ones.

If you would like advice on writing your will or changing your existing will, call us on 01558 650381.

by Eleri Griffiths – Trainee Solicitor at Agri Advisor