Why Use a Traditional Solicitor Over a Will Writing Company or DIY Will

Why DIY Wills Are a Risky Gamble

DIY wills seem simple. Buy a template, fill it in, job done. But this approach creates serious problems:

Legal wording matters enormously. One wrong phrase can completely change who gets what or even invalidate your entire will completely.

For example a gentleman who writes "I leave my house to my wife for her lifetime" may think he is being very clear in his wishes but what he doesn't realise is that this wording creates a life interest trust with complex tax implications rather than simply gifting the property to his wife.

DIY wills often fail because:

• They're not properly witnessed (two independent witnesses must witness you sign the will)
• They contain contradictory instructions
• They use ambiguous language that can create disputes
• They miss crucial elements required to ensure legal validity
• They don't account for changes in the individual’s circumstances or changes to the laws relating to wills

Even worse, mistakes usually only come to light after you've died - when it's too late to fix them.



Will Writing Companies: The Middle Ground That Falls Short

Will writing companies offer a step up from DIY options. They typically offer house calls or out of office hour appointments that may suit working individuals.

But here's what you need to know:

Unlike solicitors, will writers are not required by law to have any specific qualifications or training. Anyone can set up as a will writer and make a will on someone’s behalf.

Some will writers belong to voluntary organisations like the Institute of Professional Will Writers (IPW) or Society of Will Writers (SWW), which provide some standards and a complaints process. But these bodies do not have the same regulatory powers as the Solicitors Regulation Authority (SRA). 

The biggest risks with will writing companies include:

• Limited insurance cover if things go wrong
• Potential lack of legal expertise for complex situations and modern family dynamics
• No guaranteed continuity (if they go out of business, who then hold’s your will?)
• Possible upselling of unnecessary services
• Limited protection if mistakes are made

Why Traditional Solicitors Are Worth Every Penny

When it comes to something as important as your will, working with a traditional solicitor like Pinkney Grunwells offers protection that other options simply cannot match.

1. Proper Regulation and Protection

Solicitors are regulated by the Solicitors Regulation Authority (SRA), which sets strict standards for:

• Professional conduct
• Client care
• Handling of your money
• Required insurance coverage
• Ongoing training and development



This regulation means that you have genuine protection if something goes wrong. The SRA can investigate complaints, and solicitors must maintain professional indemnity insurance to compensate clients for any mistakes. 

2. Expertise That Goes Beyond Just Writing a Will

A solicitor doesn't just fill in a template. They:

• Assess your full financial and family situation
• Identify potential inheritance tax issues
• Advise on complex family situations (previous marriages, step-children, blended family situations, disabled relatives)
• Spot problems you might never have considered
• Ensure your will works alongside other arrangements (trusts, business ownership)
• Keep up with changing laws that might affect your estate

3. Proper Storage and Continuity

Solicitors like Pinkney Grunwells offer secure will storage, ensuring your will is:

• Kept safe from damage, loss or tampering in our strong room facilites
• Available when needed
• Accessible even if the firm changes over time

4. Protection Against Challenges

A properly drafted solicitor's will is much harder to challenge after death. Solicitors:

• Assess your mental capacity at the time of making the will
• Document the process in writing and communication with you to ensure you fully understand the terms of the will
• Ensure proper witnessing
• Address potential claims from dependants
• Use precise legal language that leaves no room for misinterpretation

When a Solicitor Is Absolutely Essential

While simple situations might seem suitable for DIY or will writing companies, certain circumstances make using a solicitor non-negotiable:

• You own property abroad
• You have a business
• You have a complex family situation (previous marriages, step-children)
• Your estate may be liable for inheritance tax
• You want to exclude someone who might expect to inherit
• You have vulnerable or disabled relatives that you wish to inherit
• You want to create trusts within your will

The True Cost of Cutting Corners



The money saved by using a DIY will or will writing company can be dramatically outweighed by the problems they create:

• Legal fees to resolve unclear or ambiguous wills can run into thousands of pounds
• Inheritance tax that could have been avoided with careful estate planning
• Family disputes over ambiguous wording
• Assets going to unintended beneficiaries
• Delays in administering your estate
• Stress for your loved ones at an already difficult time

Real-Life Consequences

Consider this example: A man used a DIY will kit to leave his house to his second wife for her lifetime, then to his children from his first marriage. The wording was ambiguous, and after his death, his second wife claimed full ownership of the house  while his children argued for their share.

The resulting legal battle cost over £30,000 in legal fees – which could have been avoided had he used a solicitor to draft his will. Worse still, the family relationships were permanently damaged.



Making the Right Choice

Your will determines what happens to everything you've worked for throughout your life. It's not just about who gets what - it's about protecting your loved ones, minimising tax, and ensuring your wishes are carried out.

At Pinkney Grunwells, our solicitors have been helping families create legally sound wills for over 85 years. We combine deep legal expertise with genuine care for our clients' needs.

When you consider what is at stake, the reasonable cost of having your will professionally prepared by a solicitor is one of the best investments you can make for your family's future.

Take the Next Step

Don't leave your family's future to chance. Contact Pinkney Grunwells today to arrange a consultation with one of our experienced solicitors. With offices across Yorkshire in Scarborough, Hunmanby, Bridlington, Driffield and Whitby, we are never far away.

Remember - a will is not just a document. It's your legacy and your family's security. Make sure it's done right.