When a family approached us for probate services following the death of a loved one, they expected a straightforward process. However, what they uncovered was a poorly drafted DIY Will that raised serious legal concerns. From ambiguous wording and incorrect terminology to execution issues and physical tampering risks, the document created confusion and delays—ultimately requiring expert legal intervention to resolve. Had the family used the services of one of our professional Will Writer in Sheffield, the Will would have been clearly drafted, correctly executed, and legally sound.
The Risks of DIY Will Writing
In this case, the wife prepared her husband’s Will using an online template rather than using a will writing solicitor. The Will was poorly drafted, with gifts that were either impossible to attain or legally ambiguous. The printed document was faint and difficult to read, and it had been stapled to other paperwork, raising concerns about tampering or missing pages. Once a Will has been signed and witnessed, it becomes a legally binding document. If anything is physically attached to it afterwards — such as staples, paperclips, or even sticky notes — it can raise concerns during the probate process. The Probate Registry may worry that something has been removed or added, such as a codicil (a formal amendment to the Will) or another version of the Will. This can lead to delays, extra paperwork, or even the need for sworn statements to confirm that the Will hasn’t been tampered with.
To add to the confusion, the Will referred to the husband as the “testatrix”—the term used for a female Will-maker—rather than “testator.” This not only highlights a lack of understanding of legal terminology but also undermines the credibility of the document.
The witnesses couldn’t recall signing the Will, and there’s no clear evidence that they were present together at the time of signing. All of this has cast serious doubt on the Will’s validity.
How Our Probate Solicitors Supported The Family
We’ve been supporting the family through the process of assessing the Will’s validity. We’ve attempted to pursue the affidavit route to confirm the circumstances of execution, but the witnesses’ lack of recollection has made this difficult. We’re now advising on alternative options, including intestacy or reliance on any earlier Will, and liaising with the Probate Registry to determine the best course forward.
How Banner Jones Probate Experts Can Help
This case is a stark reminder of how easily things can go wrong without proper legal advice. We’re here to help families who find themselves in similar situations—whether they’re dealing with unclear documents, execution issues, or disputes over validity. Our team can guide them through the legal maze and help minimise stress and delays.
Professional Will Writing – Why It Matters
Had the testator sought professional advice from our regulated Banner Jones Will Writers in Sheffield, Chesterfield and Mansfield, the Will would have been clearly drafted, correctly executed, and legally sound. This would have spared the family the current uncertainty, emotional strain, and potential financial consequences.
Thinking Of Writing Your Own Will Or Dealing With A Disputed One?
Our expert Will writers and probate solicitors in Sheffield, Chesterfield and Mansfield can help you avoid costly mistakes and ensure your wishes are legally protected.
Our Will Dispute Team can give you advice on challenging the validity of a Will or advise you if you feel “reasonable financial provision” has not been made for you in a Will.
Contact us today for trusted advice and peace of mind.
