The £30 Mistake That's Costing Families Thousands: Why DIY Wills Fail.
- 2 days ago
- 5 min read
Making a will is one of the most important decisions you will make in your lifetime. Yet, the rise of DIY will kits and online templates has created a false sense of simplicity around what is actually a complex area of law. While the appeal of saving money is understandable, the statistics and case law paint a stark picture: DIY wills are increasingly leading to costly disputes, invalid documents, and heartbreak for families left behind.
The Growing Crisis of DIY Wills
The evidence is compelling. According to Ministry of Justice statistics, probate disputes in England and Wales have risen dramatically — from 227 cases in 2016 to 368 in 2018, a 62% increase in just two years. More recent data shows the problem has accelerated further, with a 37% increase in challenges to the distribution of estates between 2019 and 2021, reaching nearly 10,000 challenges annually.
Approximately 10,000 people now dispute wills in England and Wales every year, with inheritance disputes showing a 300% increase compared with a decade earlier (Ministry of Justice, 2017). While only 195 of these cases reached court in 2021-22, this represents merely the tip of the iceberg — the majority settle before trial, often after substantial legal costs have been incurred.
The correlation with DIY wills is difficult to ignore. The pandemic sparked a surge in DIY will-writing, and legal professionals widely attribute the rise in disputes to people attempting to navigate complex legal requirements without professional guidance.
The Strict Legal Requirements Under English Law
Under English law, a will must comply with Section 9 of the Wills Act 1837 to be valid. The requirements are strict and unforgiving. A will must be:
1. In writing
2. Signed by the testator (or by someone else in their presence and at their direction)
3. Signed with the testator's intention to give effect to the will
4. Signed in the presence of two or more witnesses present at the same time
5. Witnessed by each witness, who signs in the presence of the testator
These requirements may seem straightforward, but execution failures in DIY wills are numerous. Legal commentators note that "with the growth in DIY wills, it is more of a possibility that an error will be made due to ignorance as to the strict formal requirements" (The Gazette, 2024).
The Hidden Dangers: What DIY Will Writers Miss
1. Execution Errors
The most common reason wills are declared invalid is improper execution. DIY will-makers frequently fail to:
• Have both witnesses present simultaneously when signing
• Use independent witnesses — under Section 15 of the Wills Act 1837, any gift to a beneficiary who witnesses the will becomes void
• Include a proper attestation clause
• Sign in the correct location on the document
2. Testamentary Capacity Issues
For a will to be valid, the testator must have testamentary capacity — they must understand the nature of making a will, the extent of their property, and the claims others might have on their estate. DIY wills lack the safeguards that professionals put in place to document capacity at the time of signing, leaving them far more vulnerable to challenge.
3. Ambiguous Language
Professional will writers use precise legal terminology developed over centuries. DIY wills often contain ambiguous wording that leads to disputes over meaning. Language that seems clear to a lay person can have unintended legal consequences. As one legal commentator notes: "the meaning given to certain words in the context of will-making is of crucial importance and is often not appreciated by the DIY lay testator" ( The Gazette).
4. Tax Planning Failures
DIY wills typically fail to incorporate basic inheritance tax planning or trust provisions that could save estates substantial sums. With the current nil-rate band set at £325,000 and the residence nil-rate band at £175,000 for qualifying estates, proper planning can make a significant difference to what your loved ones ultimately receive.
5. Failure to Review and Update
DIY will-makers often forget that a will is a living document. Marriage automatically revokes a will unless made in contemplation of that marriage. Divorce affects gifts to ex-spouses. The birth of children, death of executors or beneficiaries, and changes in asset ownership all require updates — something DIY writers frequently overlook.
The Professional Negligence Safety Net
One crucial difference between professional will writers and DIY approaches is professional indemnity insurance. Will writers — owe a duty of care not just to their client (the testator) but also to intended beneficiaries who lose out due to negligence. This means that if a professional makes a mistake, disappointed beneficiaries can claim compensation.
With a DIY will, there is no such safety net. If your homemade will fails and your intended beneficiaries receive nothing, they have no recourse whatsoever.
The True Cost of 'Saving' Money
Consider the real costs of a flawed DIY will:
• Legal disputes: The UK Inheritance Disputes Report 2022 (IBB Law) found that average legal fees for will disputes were just under £13,000. Some disputes cost significantly more, particularly if they reach court.
• Family breakdown: Three in four people are likely to experience a will, inheritance, or probate dispute in their lifetime.
• Intestacy: If your DIY will is invalid, you die intestate — as if you never made a will. Under the intestacy rules, your spouse receives only the first £270,000 plus half the remainder; your unmarried partner receives nothing.
• Delay and uncertainty: Disputes over DIY wills can take years to resolve, leaving your family in limbo during their time of grief.
• Rectification costs: Even if a court agrees to rectify a flawed will under Section 20 of the Administration of Justice Act 1982, this is only possible for clerical errors. Legal fees for rectification applications can themselves be substantial.
When Is Professional Help Essential?
Professional advice becomes particularly important when you have:
• Property ownership (especially jointly owned or multiple properties)
• Children from multiple relationships or blended family arrangements
• Business interests
• Assets exceeding £325,000 (the current inheritance tax threshold)
• A wish to establish trusts for children or vulnerable beneficiaries
• International assets or connections
• Unmarried partners you wish to provide for
• Concerns about potential claims against your estate
In practice, this describes the vast majority of people. If you own a home and have children, you need professional will-writing services.
The Bottom Line
The question is not whether you can afford professional will writing — it is whether your family can afford for you not to use one.
The statistics speak clearly: will disputes are soaring, with DIY wills at the heart of the problem. The case law demonstrates that even seemingly simple wills can fail catastrophically without professional drafting and execution. The financial and emotional costs of getting it wrong dwarf the modest fee for professional services.
A professionally-drafted will gives your family:
• Peace of mind — confidence your will is legally valid and will be upheld
• Expert guidance — advice on tax planning, trust provisions, and protective measures
Call us today, to discuss your needs, and book your free first appointment.
Office 01384 848 286
Direct 07398 423 795
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