In theory, you could scribble your will on a piece of scrap paper.  As long as it is properly signed and witnessed by two adult independent witnesses who are not beneficiaries and who are present at the time you sign your will, it should be legally binding.  That does not mean it is a good idea.

In 2024 the High Court ruled that Malcolm Chenery’s will written across two pieces of cardboard food packaging was legally valid.   The will was found shortly after his death and was written on the back of a box of Young’s frozen fish and a box of Mr Kipling’s mince pies.   Mr Chenery had written his own will and two of his neighbours had witnessed the signing of the second page.  Mr Chenery left his entire estate to a charity Diabetes UK.  The claim of Diabetes UK to Mr Chenery’s estate was not contested by Mr Chenery’s family but court proceedings were required to consider whether the will was valid.  

The case is extreme but it an important reminder of the requirements of creating a legally valid will and the risks of making a DIY will.

A professionally drafted will ensures that your intentions are clear and unambiguous.  This can prevent disputes among family members and beneficiaries.   A will that is poorly drafted or informal is far more likely to lead to disputes.  If your will is contested, it will likely delay the distribution of your estate and incur significant legal costs.  A professionally drafted will helps minimise these risks by ensuring that your wishes are clear and legally binding.

In the Baverstock case a brother and sister took their inheritance battle to court after the sister Lisa was accused of forcing their mother to change her will on her deathbed cutting out her brother John.

After their mother’s death in 2021 John Baverstock took his sister Lisa to court when video evidence showed Lisa manipulating their mother’s hand to get her to sign a new will.  Their mother Margaret was hospitalised at the time and suffered from advanced dementia, arthritis and suspected lung congestion.  She died just eight days after signing the new will.  The new will removed John as a beneficiary leaving Margaret’s South London home and all her other assets worth £700,000 to Lisa.

The new will was a homemade document, printed from an online template and drafted by Lisa herself.  It named Lisa as Margaret’ sole beneficiary, as Lisa claimed this was what her mother wanted following Lisa’s decision to give up work and care for her mother full-time from 2019.

If ever making changes to your own Will, or hoping that someone else will change theirs, it is vital to consult a solicitor to ensure that any changes will be legally acceptable.    For a will to be valid it must be signed when the person making the will is mentally capable and understands what they are agreeing to.  They must sign the will freely, without intervention or manipulation.

A DIY will can appear attractive because of its nominal cost and the relative ease of fitting the task into a busy lifestyle.  It can, however, give rise to a number of problems which may cause considerable stress and difficulty for the family of the person making the will.  It can also result in significant depletion of the estate’s assets in sorting out the disputes that may then arise.  Saving money now could cost a small fortune in the future.  In the Baverstock case Lisa had to pay John’s £80,000 legal costs as well as her own.