DIY? (Maybe not a good idea)

Yes you can...but....

Q-1: Can you - that is, are you legally allowed to - write your own will?

Q-2: Should you?

The short answer to question one is: Yes. And to question two: Probably not.

You are entitled to make your own will. Many people have prepared perfectly valid wills by themselves.

You can use a blank sheet of paper and compose the text entirely by yourself. Alternatively, you can buy or download pre-printed forms, which provide a helpful format and give tips and information. Unfortunately, some pre-printed forms can also steer people into error.

Many DIYers have made mistakes, catastrophically large as well as barely noticeable. Simple terms such as "money," 'partner' and 'mother' have caused problems. Does 'money' includes stocks and shares and other such assets or only bank-account dosh? By 'partner' was the testator referring to his business partner or romantic significant other? Does 'mother' refer to your biological mother or the mother of your children? Even 'last will' can cause problems for people who may need more than one will to cover foreign assets.

The challenge for will-writers is financial as well as legal or linguistic. If you do it yourself, you may make a perfectly valid will, but will it be tax efficient?

Why push your luck?

Broadly, if you have a small estate, intend to leave everything to one or two people and can handle the formalities of will-writing (format, witness signatures and the like), you have a fighting chance of producing a valid will.

If you have children, an ex-spouse, a sizeable estate, large extended family, a business or foreign property, a professionally drawn up will is advisable.

If you own one or more homes in foreign countries, or have other assets abroad, a separate will for each country might be required. The will might have to be in a foreign language (the native or official language of the country involved), and it might have to be signed and witnessed in that country. This is not DIY territory.

If you or your partner have a foreign domicile, professional advice is strongly recommended.

Simple wills are inexpensive - less than £100 for many people. Complex wills - testators who have many potential beneficiaries or potential claims against the estate, blended families, complex financial planning - will cost more in combined legal and financial-planning fees.

But if a carefully-drafted will prevents a lawsuit, your heirs will have saved a small fortune in legal fees.

Even if you can prepare a valid will for yourself, a solicitor is likely to do a better job by, for example, alerting you to potential problems. Have you excluded someone who was a beneficiary in a previous will, or who may have a claim as a dependant? Did you choose executors wisely? Have you provided alternatives if a beneficiary dies before you do? Have you calculated your assets and liabilities correctly? Good solicitors know which questions to ask and, depending on the answers, how best to deal with them in the will. They also ensure that the will is correctly witnessed.

Tell it to the judge

Not surprisingly, home-made wills have landed in court.

Dorothy Clements and her husband already had wills when Dorothy's mother left her some money. Both had children and grandchildren from other partners, and Dorothy wanted to leave this additional money to her (not their) grandchildren. So she amended her will with a short simple codicil which seemed clear but was actually confusing. The whole shooting match ended up in the High Court, and much of the estate went to legal costs. (Full story)

In Ross v Perrin-Hughes, a testator gave his 'apartment' to a beneficiary. To the testator, the term 'apartment' was crystal clear, but after his death, his intentions were unclear, especially concerning the mortgage and freehold.