Do I Need a Solicitor to Make a Will?

If your estate is largely UK based, your family situation is straightforward (for example a single marriage, no estranged relatives, and no dependants with special needs), and you want to leave your estate to your spouse, children or a small number of named individuals or charities, an online will writing service can produce a will that is every bit as legally valid as one drafted by a solicitor.

The key benefit of a service such as My Posh Will in these situations is cost and convenience, producing a properly worded, legally sound document without the higher fees or waiting time that can come with solicitor drafted wills for simple circumstances.

Certain circumstances go beyond what any standardised will writing process, online or otherwise, is designed to handle safely. If you own property overseas, have an interest in a business or agricultural land, expect your will to be challenged or contested, are planning to leave someone out who might otherwise expect to inherit, or have a dependant who cannot manage their own financial affairs, you should take professional legal advice.

The same applies to blended families with complex arrangements between children from different relationships, situations involving trusts, planning around long term care fees, and estates where inheritance tax is likely to be payable. These areas involve legal and tax considerations that a general purpose will cannot properly address, and getting them wrong can be expensive and difficult to fix later.

A useful test is to ask whether your situation can be described simply: a single marriage or none, straightforward assets, no disputes expected, and clear beneficiaries. If that description fits, an online service is a reasonable and often more convenient choice. If your situation needs several extra sentences to explain, that complexity is usually a sign that professional advice is worthwhile.

It is also entirely possible to use an online service for a straightforward will now and take legal advice later if your circumstances change, for example if you later acquire a business or move abroad.

A solicitor will usually take detailed instructions in person or by phone, advise on tax and legal implications specific to your situation, and draft bespoke clauses to deal with complexity, such as trusts for vulnerable beneficiaries or provisions for overseas assets. This tends to cost considerably more than an online service and can take longer, but it is the right trade-off where the underlying circumstances demand it.

For everyone else, a well drafted online will can achieve the same legal validity at a fraction of the cost, provided the underlying situation is genuinely straightforward.

If your circumstances fall into one of the categories that call for professional advice, it helps to arrive prepared. Bring a summary of your assets, including any property, business interests, or overseas holdings, details of your family relationships, including any children from previous relationships, and a clear note of who you want to benefit and in what proportions.

It is also worth noting any concerns about a potential dispute, any dependants who cannot manage their own financial affairs, and any existing wills or trusts already in place, so the solicitor has the full picture from the first meeting rather than discovering complicating details partway through drafting.