‘DIY’ wills and the absence of lawyers

Key points

• The case of Henrietta Ingram and another v S Abraham highlights the perils of using DIY wills.
• The risk of DIY wills not covering all eventualities and not reflecting clients’ intentions is considerable. There is also the risk of fraud and abuse by unscrupulous family members.
• It is advisable to use a solicitor to prepare a will even if the circumstances appear to be straightforward.
• Private client lawyers would invariably advise on the possibility of putting in place lasting powers of attorney.
• Obtaining medical capacity assessments can be invaluable.
• A solicitor will ensure that will formalities are carried out correctly – which will not happen with a DIY will.
• Customers sometimes need to instruct solicitors to correct documents prepared by unregulated will-writers.

It is quite understandable that people may be attracted by the idea of preparing a ‘DIY’ will without involving a solicitor; or by the...