Should I Use an Online Will Writing Company?
Online Will writing has become more popular in recent years but concerns are rising over the long-term benefits of digital Wills – and specialist Wills and Probate solicitors are worried that a Will drafted online can sometimes result in distress, disputes and even invalid Wills when errors come to light at a later date.
While writing a Will can seem like a time consuming and costly exercise, it’s important to understand how vital the process of information-gathering is to ensure a legally valid Will that provides the right protection for the individual and their family’s future – and also to understand the risks associated with creating a Will digitally.
Pros of Signing a Will Digitally
For some, signing a Will digitally is a good option for various reasons, including:
- A faster process
- More convenience as online
Cons of Signing a Will Digitally
Before signing a Will digitally, you should be aware of potential pitfalls involved with this alternative option, including:
- Lack of regulation
- Lack of insurance
- Not tailored for your needs
- Can be hidden costs
- Concerns with capacity and coercion
- Risk of errors being made
The Risks of Using an Online Will Writing Company
If you are thinking of using an online Will writing company, make sure you consider the following factors – writing a Will is one of the most important things you can do to protect loved ones in the future so it’s vital that it’s done correctly, with full consideration and accuracy.
Online Wills aren’t tailored to your Needs
Often, online Wills are based on a template that is then filled in with your details following a set number of questions. While this is no doubt quicker than the more rigorous fact-finding process involved when using a solicitor to draft your Will, it means that the Will is not necessarily completely accurate, reflective of your situation, or able to provide the right protection for your loved ones. Without tailored advice, there is a risk that parts of the Will or all of it will be invalid.
Taking the time to make a Will means getting it done right, ensuring all the details about your estate and individual circumstances are covered.
Online Wills aren’t always Regulated
Solicitors working in a firm must follow rules, regulations and standards that include staying up to date with any law changes – this ensures that all advice offered to clients is valid, and there is a great deal of protection for clients that the Will is written in their best interests.
Online Wills can’t fully check for Capacity or Coercion
Talking to someone online makes it harder to fully understand the person and the situation – this could make it difficult for an online Will writing company to know if the person making the Will has the capacity to do so. This area of law is complex and requires a skilled professional to ask the relevant questions to establish if there is capacity to write a Will or not.
Furthermore, it’s hard to know with certainty that the person on the screen is on their own, acting of their own free will, or if there is someone else present, off screen, who is exerting pressure to act a certain way.
Online Wills aren’t always Transparently Priced
Sometimes there are hidden costs with online Will writing companies, as the fees can be hidden within the terms and conditions rather than stated clearly upfront. Some companies also charge for storing a Will and for retrieving it when needed.
Many digital Will companies automatically appoint their company as the executor of an estate. This not only causes distress for relatives if it’s not discovered until after the Will writer’s death, but it can also be very costly. If an online company refuses to resign their position, you would need to make a court application which is stressful and expensive.
It’s worth noting that any corrections needed to make a Will legally valid, is costly too.
Online Wills can cause More Disputes in the Future
If great care isn’t taken at the time of writing a Will, there is a risk of problems in the future. An incorrectly drafted Will can cause more difficulty sometimes than having no Will at all, as it can lead to disputes within the family. A lack of bespoke advice and attention to detail at the time of writing a Will means assets can be missed or undervalued, resulting in some family members receiving items not necessarily meant for them.
Professional solicitors ensure that every aspect and asset of your estate is considered and detailed within your Will, and that it is fully reflective of your wants for the future.
Helping You with Your Will
By using an online Will writing company, you might save a bit today – but at what cost for tomorrow?
Our experienced, specialist Wills and Probate solicitors will ensure your Will is valid, up to date, and fully reflective of your situation and wishes for loved ones when you die.
By using one of our professional solicitors to help you draft your Will, you will gain the peace of mind that this important document has been written properly to keep risks to a minimum and ensure that those you care most about are protected in the future.
To speak to us about drafting or updating your Will, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.
