DIY will ‘threat to dying wishes’

SCOTS drawing up ‘DIY wills’ downloaded from the internet risk having their dying wishes ignored, lawyers have warned.

Lockdowns and the Covid pandemic have led to more people planning ahead should the worst happen.

Law firm Lindsays says many people have turned to so- called ‘DIY will’ websites, but warn these can be fraught with pitfalls north of the Border because of legal differences between Scotland and England, where many of these companies are based.

Morag Yellowlees, a partner in the private client team at Lindsays, said: ‘A client asked me to look over a will which he had prepared himself using an online style.

‘The style conformed to English rather than Scots law and, if the client had proceeded with it, there was a danger that it would not have been valid had he died.

‘The document did not indicate that the person signing it had to sign on each page. It also contained a number of English legal terms rather than the appropriate Scottish ones.

‘While it may seem savvy to save money using an off-the-shelf DIY will, there are many risks involved in doing so, which could have disastrous ramifications for family and loved ones at a distressing enough time.’

She said an online will meant that an individual ‘will not be made aware of legal rights which are a distinctive feature of Scots law, protecting certain family members from disinheritance’. People making online wills may also not be aware of the inheritance tax planning which can form part of will drafting.

The requirements for a validly signed will in Scotland and England are different.

If a will is not correctly executed in Scotland, it can be necessary to apply to the court to have the will clarified.

Court delays caused by the pandemic mean this is holding back the administration of an estate and adding unnecessary complications for family members.

A Money Mail probe last year found a string of potential pitfalls with DIY will packs and online services on sale for as little as £6.99.

In the worst cases, a will could be declared invalid or loved ones could be forced into expensive court battles if there was any dispute over the wording.