DIY Wills: A New Year's Resolution with Costly Consequences

LONDON, UK – January 09, 2026 – The start of a new year often brings a wave of resolutions, with many people vowing to finally get their affairs in order. For a growing number, this includes writing a will. In the digital age, the first port of call is often a quick internet search for a free, do-it-yourself will template. However, legal experts are issuing a stark warning that this seemingly savvy, cost-saving measure could be a financial and emotional time bomb for their loved ones.

James, a solicitor at Wills Trusts LPA, has seen a predictable January surge in people attempting to draft their own wills, often with disastrous results. "I've seen wills written on the back of envelopes that were more legally sound than some of these templates," he stated. "People think they're saving money. But a flawed will can cost families far more than a proper one ever would."

This concern is not isolated. Data from across the legal sector suggests that a significant number of DIY wills are ultimately found to be invalid. Some industry estimates indicate that as many as 38,000 families in the UK face prolonged and stressful probate ordeals each year due to improperly drafted wills. The financial consequences can be staggering, with legal fees to rectify the errors sometimes consuming up to 10% of the estate's total value, a far cry from the small fee saved by using a template.

The Pitfalls of a One-Size-Fits-All Approach

The legal requirements for a valid will in England and Wales are strict, and free online templates often fail to adequately guide users through these complexities. One of the most common and critical errors involves the witnessing of the document.

For a will to be legally binding, it must be signed by the person making it (the testator) in the presence of two independent witnesses, who must both be present at the same time. These witnesses must then also sign the will in the testator's presence. Crucially, a witness, or their spouse, cannot be a beneficiary in the will. If they are, the will itself may remain valid, but the gift to that witness or their spouse will fail. This seemingly small technicality can lead to a person's intended main heir receiving nothing.

Ambiguous language is another major issue. A phrase like "I leave everything to my children equally" seems simple, but in a court of law, it can be a source of intense conflict. Does "children" include stepchildren, adopted children, or children born after the will was written? Without precise legal definitions, these questions can lead to lengthy and expensive court battles, tearing families apart at a time of grief.

Other frequent mistakes include forgetting to date the will, improper signing of multi-page documents, or failing to include a residuary clause, which dictates who receives the remainder of the estate after all specific gifts and debts are paid. A particularly dangerous oversight is the rule of revocation by marriage. Many people are unaware that marrying automatically invalidates any will made previously, meaning they could die intestate—without a valid will—despite having made one.

A New Middle Ground in Estate Planning

The choice for consumers has traditionally been a stark one: pay hundreds of pounds for a solicitor-drafted will or take a risk with a free or low-cost DIY option. A standard will drafted by a high-street solicitor can cost anywhere from £150 to £500, a price that can feel steep for those with straightforward estates. This has created a significant market for an alternative.

In recent years, a new generation of 'hybrid' online will services has emerged, aiming to bridge the gap between affordability and legal security. Companies like Wills Trusts LPA, Farewill, and Beyond offer user-friendly online platforms to create a will, but with a crucial difference: professional oversight. Wills Trusts LPA, for example, provides a single will for £39 and mirror wills for a couple for £69, but every document is reviewed by a qualified solicitor before it is finalized.

"The solicitor review is the bit that matters," James explains. "Our system asks the right questions and builds the document correctly. Then a real person with legal training reads it before it goes anywhere. That step catches the mistakes that templates miss." This human check is designed to spot the very errors that invalidate so many DIY documents, such as incorrect witnessing clauses, ambiguous phrasing, or the absence of key provisions.

These services are often regulated by the Solicitors Regulation Authority (SRA), providing a layer of consumer protection and professional accountability that is entirely absent with free online templates. This includes professional indemnity insurance, giving clients recourse if something goes wrong.

When a DIY Will Is a High-Stakes Gamble

While a simple, professionally reviewed online will can be suitable for many, some individuals have circumstances so complex that a standard template, even with a review, is insufficient. Legal experts strongly advise against a DIY approach for anyone in these high-risk categories.

• Blended Families: The complexities of second marriages, step-children, and children from previous relationships create a high potential for disputes. A will must be drafted with extreme precision to ensure that all dependents are provided for as intended and to defend against potential claims under the Inheritance (Provision for Family and Dependants) Act 1975.

• Business Owners: A will must be carefully coordinated with partnership agreements or shareholder agreements to ensure the smooth transition of business assets and control, something a generic template cannot accommodate.

• Property Abroad: A UK will may not be effective in dealing with assets in other countries. Different jurisdictions have their own succession laws, and specialist advice is essential to avoid legal quagmires and unexpected tax liabilities.

• Significant Debts or Assets: For estates with high value or complex debt structures, a bespoke will with integrated tax planning is crucial to maximize what beneficiaries receive and ensure all liabilities are settled correctly.

For those who have already used a template, it is not too late. A professional review can identify potential issues. Common red flags include witnesses who are also beneficiaries, missing dates or signatures, vague descriptions of people or property, and the lack of a residuary clause. Having an existing will checked by a solicitor can provide invaluable peace of mind, ensuring that one's final wishes are both clear and legally enforceable.