A very hesitant yes, but I wouldn't recommend it, and that's not just because it's my job to write wills.

There are some real risks to preparing a will at home.

Firstly,  you are usually trying to distribute your most valuable assets amongst those you love. If there are issues with your will, they are only likely to come to light once you are no longer around, leaving your family with the option of expensive litigation or in some cases, irreversible positions. If the will was prepared at home then there is no one to blame, besides the deceased for issues that may arise. Professionals on the other hand could be sued for negligence.

Where a will includes an error, it can sometimes be possible to apply to the court for this to be fixed. However the claims can be complex and evidence is key. When preparing your will at home, you are unlikely to have good written evidence as to your intentions which could help if a court claim for rectification was required. Requesting a solicitor's file and reviewing their attendance notes and correspondence is always the first step when considering claims involving a professional drafted will. We are required to keep detailed notes of our instructions, what was trying to be achieved and copies of all letters with the testator. A good will file can put an end to claims before they are brought to court or help in claims for rectification (which would usually be paid for by the firm at fault).

Another key thing that is missed when wills are prepares at home is advice. If you prepare a will yourself then you won't have been given any advice in relation to inheritance tax mitigation, potential claims or structuring to protect assets or beneficiaries. This comes up so often when beneficiaries are vulnerable or in receipt of means tested benefits. Once the testator has passed away there is no way to build in protections that could have been drafted into the Will. Determining how assets pass in second marriages is also another important one. Most people choose to skip their spouse in favour of their respective children. This can cause hardship ( and lead to a claim against the estate) and also loose tax benefits that can be achieved, while still protecting assets for children. Both of these types of wills (covering vulnerable beneficiary and second marriages) involve drafting wills to include trusts. That is definitely something you shouldn't do yourself.

Finally, the requirements for a will to be correctly executed are very specific.  If they are not met then the will is void. The risk of an incorrectly executed will is so much higher with homemade wills, even where templates are used (such as WH Smith will kits). If a will is void then the estate will pass under the terms of an earlier will, if there is a valid one, or under the intestacy rules which can lead to unexpected results.

So yes, you can prepare a will yourself but you probably shouldn't.

If you would like to discuss preparing a Will or updating an existing will then please contact Ashley Minott on 01494 893518 or by email