The Dangers & problems of DIY Wills are frequently exposed in contested probate disputes, challenges, and proceedings to set aside wills. As contentious-probate specialists, Clodes Solicitors see first-hand how online templates and “cheap and quick” wills lead to invalidity, litigation, family conflict, tax inefficiency, and costly court applications.
This article explains the most common DIY pitfalls we encounter in practice, outlines key legal requirements, and highlights how proper will-drafting avoids disputes.
Executive Summary: The Core Problems With DIY Wills
- They frequently fail Wills Act formalities.
- Ambiguous wording invites contentious probate disputes.
- They rarely include substitution planning or trusts for minors/vulnerable people.
- They ignore joint property ownership, causing unintended survivorship.
- They waste Inheritance Tax allowances and reliefs.
- They lack evidence of capacity, knowledge and approval, making challenges easier.
If your will is unclear, incorrect or invalid, the cost to your estate can be thousands of pounds—far more than the price of proper drafting.
1. Formalities Under the Wills Act 1837: Small Errors, Big Consequences
DIY wills often fall foul of the strict legal rules in section 9 of the Wills Act 1837, which requires:
- The will to be in writing, signed by the testator.
- Signature to be witnessed by two witnesses present together.
- Each witness to sign in the testator’s presence.
Under section 15, a witness (or their spouse/civil partner) cannot benefit; any gift to them is void.
Common DIY failures
- Only one witness or witnesses signing separately.
- A beneficiary or their spouse signing as a witness, voiding their gift.
- Missing or incorrect signatures/dates.
- Post-execution amendments not re-executed correctly.
These errors can make the will wholly invalid or lead to costly litigation to rectify or construe it.
2. Ambiguous or Vague Drafting: A Major Source of Contentious Probate Claims
We regularly act in disputes caused by ambiguous wording such as:
- “Share equally between my family”
- “My valuables to my children”
- “My partner can have the house”
Ambiguity leads to disputes over:
- Who counts as “family”;
- What falls within “valuables”;
- Whether jointly owned property is actually gifted.
These disputes commonly result in construction applications, challenges to knowledge and approval, and breakdown of family relationships. Clear definitions and consistent terminology are essential.
3. Substitute Beneficiaries and ‘What If’ Planning
DIY templates rarely include effective provisions for:
- Beneficiaries who die first
- Lapsed gifts
- Complete residuary structures
This often results in part of the estate passing under the intestacy rules, defeating the testator’s intentions.
4. Vulnerable or Disabled Beneficiaries: Trusts Are Essential
Leaving money outright to a vulnerable or disabled person can:
- Jeopardise means-tested benefits
- Expose them to financial abuse
- Prevent flexible management of funds
Specialist trusts (e.g., disabled person’s trusts or protective trusts) avoid these problems. DIY wills almost never address them correctly.
5. Gifts to Minors: Avoiding Court Control and Loss of Flexibility
Without proper trusts, gifts to children under 18 may fall into statutory trusts or require court involvement. This causes delay, cost, and often results in funds vesting at 18—an age many clients consider too young.
A professionally drafted will sets appropriate vesting ages (21 or 25) and includes modern trustee powers.
6. Joint Property: Survivorship, Severance and Tenants in Common
Joint property ownership is one of the biggest DIY blind spots.
Joint Tenants
Property passes automatically to the surviving co-owner via survivorship—the will cannot override this. Many DIY wills fail because they try.
Tenants in Common
Each owner has a distinct share that can pass by will.
If a client intends their share to pass to children or into trust, the joint tenancy must be severed.
Key steps
- Serve written notice of severance on the co-owner.
- Register a Form A restriction on the title at HM Land Registry.
- Update the will accordingly (e.g., life interest trust, discretionary trust, outright gift).
DIY wills rarely address these points, leading to unintended survivorship and disputes.
7. Non-Probate Assets and Ownership Conflicts
Many assets fall outside a will:
- Pension death benefits
- Life policies written in trust
- Joint bank accounts (potential survivorship)
- Company/partnership interests governed by separate agreements
DIY wills do not prompt proper coordination, causing mismatches and disputes.
8. Inheritance Tax (IHT) Inefficiencies
Common IHT mistakes in DIY wills include:
- Losing the Residence Nil-Rate Band (RNRB)
- Wasting the Nil-Rate Band (NRB)
- Misdrafted charitable gifts
- Not securing Business Property Relief (BPR) or Agricultural Property Relief (APR)
Proper drafting preserves allowances and reliefs.
9. Digital Assets: A Modern Necessity Often Ignored
Estates frequently include:
- Email and cloud storage
- Cryptoassets
- Digital businesses and domain names
- Social media accounts
DIY wills rarely address authority, lawful access, or the need for a digital asset register.
10. Capacity, Knowledge and Approval, and Undue Influence
DIY wills provide virtually no evidential protection in later disputes.
A solicitor’s file, by contrast, provides:
- Capacity checks
- Attendance notes in the testator’s own words
- Proper execution supervision
This evidential foundation is often decisive in contested probate litigation.
11. Clerical Errors: Lessons from Marley v Rawlings [2014] UKSC 2
In this case, a couple signed each other’s mirror wills by accident. Rectification was ultimately granted—but only after substantial litigation and cost.
DIY execution environments significantly increase the risk of such errors.
12. Execution Requirements in England and Wales
Correct execution remains essential:
- Two witnesses present together
- No beneficiaries or their spouses/civil partners as witnesses
- Wet-ink signatures
- Avoiding post-execution amendments
Non-compliance risks invalidity or failed gifts.
13. The True Cost of DIY Wills
Perceived early savings are often dwarfed by:
- Contentious probate claims
- Rectification or construction proceedings
- Loss of tax reliefs
- Delays in administration
- Family conflict
As contentious probate specialists, Clodes Solicitors frequently deal with disputes arising directly from DIY wills—usually costing far more than a professionally drafted will.
14. Features of a Robust, Modern Will
A well-prepared will should:
- Clearly define beneficiaries
- Include substitution and survivorship clauses
- Appoint appropriate executors/trustees
- Create trusts for minors or vulnerable beneficiaries
- Coordinate with joint property, pensions, and life policies
- Address digital assets
- Incorporate tax-efficient structures
- Be executed under proper supervision
15. What You Should Do Now
Review your position
- Do you own property as joint tenants but want your share to pass elsewhere?
- Are your pension and life policy nominations current?
- Do any beneficiaries require protective or disabled person’s trusts?
- Do you have digital assets that your executors need access to?
Gather key information
- Asset schedule and ownership types
- Details of dependants and vulnerable beneficiaries
- Existing nominations, partnership agreements, foreign assets
Seek a fixed-fee review
Clodes Solicitors can quickly identify risks, correct deficiencies, and provide a compliant, tax-efficient will.
How Clodes Solicitors Can Help
As contentious probate experts, we are uniquely placed to identify the issues that cause wills to be challenged and set aside.
We provide:
- Fixed-fee will drafting for England and Wales
- Severance of joint tenancies and Form A restrictions
- Declarations of trust
- Disabled person’s trusts and protective trusts
- Trusts for minors with modern powers
- Inheritance Tax planning
- Probate and estate administration
- Full contentious probate representation
Appointments available in person and remotely.
Contact Clodes Solicitors here
FAQ: DIY Wills and Contentious Probate – England & Wales
1. Are DIY wills legally valid in England and Wales?
Yes—if they comply with strict requirements under the Wills Act 1837. Many DIY wills fail due to incorrect execution, missing witnesses, or ambiguous wording.
2. What is the most common problem with DIY wills?
The biggest issue is non-compliance with witnessing rules or unclear drafting that leads to family disputes and contentious probate claims.
3. Can a DIY will be challenged after death?
Absolutely. DIY wills are often contested on grounds of invalid execution, lack of capacity, undue influence, or lack of knowledge and approval.
4. Can a will override joint tenancy?
No. Property held as joint tenants passes automatically by survivorship. If you want your share to pass through your will, you must sever the joint tenancy to become tenants in common.
5. Should I use a solicitor instead of a DIY kit?
Yes. Contentious probate disputes caused by unclear or invalid DIY wills can cost far more than a properly drafted will.
6. How often should I review my will?
Every 3–5 years, or after major life events (marriage, divorce, home purchase, new child, or death of a beneficiary).
7. What happens if my will is invalid?
Your estate (or part of it) may pass under the intestacy rules, often producing a very different outcome from what you intended.
8. Why choose Clodes Solicitors?
Clodes are contentious probate experts. We routinely challenge and defend wills, giving us unique insight into the mistakes that cause disputes—and how to draft wills that avoid them.
Disclaimer: This article provides general information only and does not constitute legal advice. Individual circumstances vary—please seek specific advice before making or updating a will.
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