Many people are tempted to save money by making a DIY Will online, but under Scots Law this can lead to serious problems. Homemade Wills are often based on English templates and may not comply with Scottish rules on succession, legal rights, or execution. Errors in wording or witnessing can make them invalid and leave families facing disputes, delays, and unnecessary expense. At Pomphreys Solicitors, we provide expert advice to ensure your Will is legally sound, tailored to your wishes, and gives peace of mind for the future.
The Risks of DIY Wills
In today’s world, we’re used to doing everything online, from banking to shopping. It’s no surprise that many people are tempted by pre-printed or downloadable do-it-yourself (DIY) Wills that promise a quick and low-cost way to put your affairs in order. But when it comes to planning your estate, taking shortcuts can create serious problems for your loved ones.
Scots Law is Different
Scotland has its own legal system, with rules on how Wills must be written, signed, and witnessed. Many DIY templates are designed for England and Wales and don’t account for the key differences here. For example, Scottish law includes legal rights, which ensure certain family members are entitled to a share of your estate no matter what your Will says. There’s also Confirmation, the Scottish equivalent of probate, which follows its own procedures. Using the wrong template could make your Will unclear, ineffective, or even invalid.
Common Problems with DIY Wills
Homemade Wills often suffer from issues such as:
- Ambiguous or contradictory wording
- Incorrect or missing witnessing
- Mistakes with execution (in Scotland, Wills must be signed on every page and subscribed on the last page)
- Failure to revoke earlier Wills
- No back-up plan if an executor or beneficiary dies first
- Overlooking tax implications or jointly owned assets
Even small mistakes can lead to confusion, disputes, and unnecessary stress at an already difficult time.
Why a Cheap Will Can Be Expensive
While a DIY Will might look like a saving now, it can cost your family much more in the long run. If your Will is invalid or open to challenge, court proceedings may be required, with legal fees, delays, and family tensions as a result. Some of the most expensive inheritance disputes arise from poorly drafted Wills.
The Benefits of Professional Advice
By using a solicitor, you get more than just a properly drafted document. You receive:
- Advice tailored to your family, finances, and wishes
- Guidance on tricky issues like inheritance tax and property ownership
- Ongoing support as your circumstances change
- Secure storage and peace of mind
Above all, you know your Will is valid under Scots Law, reducing the risk of disputes and making things easier for your loved ones.
Why Choose Pomphreys?
At Pomphreys Solicitors, we help people across Scotland make Wills that stand the test of time. Whether you’re writing your first Will or updating an old one, our experienced team will guide you through the process clearly and efficiently.
Speak to Us Today
Don’t leave your family with uncertainty. Contact Pomphreys Solicitors today to arrange an appointment with one of our friendly, local solicitors. We’ll ensure your Will is valid, tailored to your wishes, and provides peace of mind for you and your loved ones.
📞 Call us on 01698 373365
💻 Or visit our website to get started
This article is by Gordon Sommerville
Gordon Sommerville, Consultant Solicitor
Gordon Sommerville is a Consultant Solicitor with Pomphreys, having formerly been the Managing Partner.
He is also a Director with Enable Trustee Service Limited, and deals with financial planning for family members who have learning difficulties or disabilities, including the formation of Discretionary Trusts.
Tel: 01698 373 365
Email: ags@pomphreyslaw.com
