Can I write my own will?

| Wednesday 14 January 2009

Did you hear the one about what Robert Louis Stevenson left in his will? Along with the veritable fortune earned from sales of Treasure Island (and an inherited vase no doubt) he tried to leave his birthday to a friend. And for good reason too, for his buddy was born on Christmas day and subsequently never had her own proper celebration. This light-hearted approach suggests that old Robbie may have done a DIY job on his last will and testament. But in this age of debt and obligatory sibling squabbles is it still possible to write it ourselves?

The primary reason that people want to write their will themselves instead of employing a professional will-writer or solicitor is to save money. This makes sense, as the time in one's life to take these kinds of actions may well coincide with the expense of life insurance also. However many points must be considered if choosing to take on this task yourself.

The first thing to think about is the simplicity of your circumstances. Of course it is up to you to decide if you have a great many assets to be split unevenly. However, if, like the aptly named Ms. Eleanor Ritchly, you want to leave your vast estate to a pack of dogs, you may not need the help of an attorney. But you may need the help of a psychiatrist.

Similarly, if you have a dependent who is unable to care for him/herself, then it is also advised to seek the help of a professional (a will writer who is qualified should be a member of the Institute of Professional Willwriters or the Society of Will Writers). Also, if you have children from a previous marriage it is also wise to not write a will without external help.

It is important to acknowledge the great difficulty of avoiding the costs of inheritance tax if you write your will yourself. Again, if you circumstances are complicated and you wish to take avoidance measures you will need a solicitor or other professional. Following this, if a business is involved, i.e. if you are the owner or manager, it is also best to seek help to prevent complex issues arising for those who receive your assets in the future.

Finally, if you live or own property abroad, or are not a British citizen, you should seek advice. And, it is probably worth pointing out at this point, that by writing your will yourself, it will only be valid if the correct number of witnesses are present when it is signed.

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