Do I need a solicitor?
What makes a will valid?
For a Will to be valid, certain conditions have to be met.
- The person making the Will has to have the capacity to make a Will – they should know what they are doing, be aware of the extent of their estate and know why they are making a Will. In other words, they should have the mental capacity to make a Will.
- They should be of the age of majority - 16 in Scotland, 18 in England and Wales
- They should not be under duress or undue influence.
- The will must be witnessed properly and dated.
It does not take a solicitor to fulfil these requirements.
Will a Simple Wills have the correct legal wording?
In the construction of a Will, there are recommended terms and phrases which are favoured by the legal profession. A Will produced on the Simple Wills web site uses those very same terms and phrases that a solicitor would use. In many cases standard terms are used with changes made to match circumstances. Simple Wills have automated the process to produce a Will which will be as well crafted as one produced by a solicitor. The main difference is that you will be able to do it in the comfort of your own home at a time that suits you. And remember we have FREE assistance available if your needs are more complex.
Is a Simple Will as good as a solicitor's?
Simple Wills business is PRODUCING WILLS. It's what we do day in day out and the team supervising the Wills are specialists in Wills and estate planning. Many solicitors tend to be generalists. Wills are not their speciality. It’s like consulting your G.P. about a tropical disease. Your G.P. will refer you to someone who specialises. When you make a Will you need to be dealing with someone who specialises. You need to get it right. Simple Wills specialise in producing Wills.
Simple Wills is a member of the Society of Will Writers and we adhere to their code of practice and standards.
Are Simple Wills insured if you make a mistake?
We carry Professional Indemnity insurance for £2million. If you suffer a loss through a mistake we make, you are covered for your losses up to this amount.
When should I seek advice?
- If you have property outwith the country in which you live, you should make a Will complying with the law of that country. You should speak to a solicitor if you own property outwith Scotland, England or Wales.
- If you have a farm or business your needs may be more complex.
- If you have a complicated family situation, it may be that a Simple Will will not achieve what you are looking for. However, as estate planning specialists, we can provide advice in this area. The solution to your problem may lie in a Trust. We can advise and arrange these for you but this is a face to face process.
Most people's situation is straightforward and a Simple Will will more than fit their requirements.
Remember, throughout the process there will be information to hand in an easily understood format to help you complete the Will you need.