The Law Society Council has issued a statement on wills practice to address concerns with developments in internet will drafting and the potential for problems of identification, verification and assurance that a willmaker is giving direct instructions free of influence or coercion by relatives, carers, or other third parties.
Taking instructions for the preparation of a will requires skill and experience and is a reason why when making your will you should instruct a solicitor experienced in preparing wills and administrating estates.
Even simple wills may need alternative provisions to avoid possible intestacies. Willmakers who have executed a will provided through an online facility lack the assurance that the documents submitted for completion and execution has been prepared by a legal practitioner who
- Can assess the willmaker’s testamentary capacity
- has taken comprehensive instructions so that the will drafter understands the circumstances of the willmaker’s affairs
- is able to provide objective advice so as to address the willmaker’s testamentary wishes and the willmaker’s legal obligations to make provision for eligible persons even if that is not the willmaker’s wish.
Please call us on 8268 4000 if you wish to discuss any matter concerning wills or estates.