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Daily Record
Daily Record
Lifestyle
Patrick O'Donnell & Mya Bollan

The most common mistakes Brits keep making when writing a will

Writing a will may not be something many want to think about, but it is pretty important to get right.

A will is a legal document that will allow a person's wishes to be carried out after they have passed away.

Whether it be distribution of assets or care of loved ones, it can make sure things are taken care of when a person is no longer around.

During the last 12 months, 'will writing' has been searched online more than 100,000 times as the Covid-19 pandemic seems to have more of us thinking about how to ensure our wishes are carried out.

Speaking exclusively to The Express, Martin Oliver, the Head of Contentious Probate at law firm Wright Hassall, is sharing the most common mistakes Britons keep making when writing their wills.

Mr Oliver highlights specifically how many people forget certain obligations to make sure the will is valid.

He added: “When the will is executed, people fail to tell anybody the location of the will.

“Also, trying to execute a will when the testator may not have capacity is another mistake. It is advisable to have a medical opinion if this is an issue."

Mr Oliver said “not paying enough attention to the wording of the will and whether this implements the testator's wishes" is another error.

To mark Free Will Month, Wright Hassall has outlined the top four tips to creating the perfect will to take care of your assets and loved ones.

These include: seeking expert advice from a qualified solicitor, being clear and informative within the will itself and being in communication with your loved ones regarding the content of the will.

Finally, the law firm is reminding the British public to constantly review their will to ensure they are not falling into the common mistakes as listed above.

Katie Alsop, a Partner in Wright Hassall’s Contentious Probate team, explains the importance of having a will and the best steps to take to make sure your wishes can’t be contested.

Ms Alsop said: “In the UK it is reported that over half of adults don’t have a will in place, which is concerning to say the least.

“Throughout your life you work hard to build up your savings and buy nice things, as well as look after precious family heirlooms, so it’s important that when you’re no longer here, these items are given to the people or causes that you care about the most.

“You're bound to trust your loved ones to carry out your wishes, but often grief can cause rash decisions, meaning the conversation you’ve had with your family regarding what should happen with your possessions may no longer be abided by.

“With this in mind, it’s important that you follow the correct procedure when creating a will and seek guidance from a solicitor.

“Not only can they talk you through each step, they will also make sure all of your wishes are accounted for and recordings will take place, so it will make it more difficult for anyone to contest your will later down the line.

"Discussing what you’d like to happen to your assets and possessions once you’re no longer here is always going to be a difficult conversation.

“It’s important you do so, so that your relatives and friends are aware of your wishes and so that you can be rest assured that you have a will in place that has been created by a legal expert and will minimise the chances of animosity amongst your family once you’re gone.”

Anyone concerned about beginning the process of writing their will is encouraged to reach out to a legal professional as soon as possible.

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