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The value of professional advice in will writing: why lawyers are invaluable!

Estate planning, from wills to trusts and beyond, is loaded with legal complexities and emotions. Yet, it often begins with the seemingly simple task of will writing. The allure of DIY will kits, online services, and even writing a will from scratch can seem appealing - after all, its just drafting some text, right? The truth is far more intricate. Just as you wouldn't perform open heart surgery on yourself, the creation of a will demands professional assistance and guidance.

Understanding the complexities of wills

Beyond the basic function of distributing assets, a will is a legal document that evolves in sync with life's circumstances. It touches upon areas that, when dissected, are incredibly complex. These areas often include:-

Tax planning: lawyers knowledgeable about tax and wills can optimise tax arrangements within a will ensuring that beneficiaries do not pay more tax than they need to.

Care planning: For individuals with unique needs, a lawyer can integrate care provisions into the will to secure a stable future.

Marriage and divorce: the status of a will can change drastically upon marriage or divorce, which can revoke a will or leave uncertainty over beneficiaries.

Children and guardianship: naming and providing for children, as well as choosing their guardian, requires a delicate approach to prevent future trouble.

Health and disabilities: in the case of incapacity due to health issues or disabilities, a will planned by a lawyer can include trusts and other provisions that uphold and individual's wishes. You will also benefit from advice about other important areas concerning care.

Through in-depth consultations, knowledgeable lawyers customise wills to capture these and other crucial life considerations. A personalised and legally robust will is a line in the sand for the orderly passing of wealth and the implementation of wishes.

Navigating legal frameworks and loopholes

Laws around wills constantly move and shift whether it is through changes in legislation or case law determined by Judges in Court. They shift with lifestyle trends and, at times, can change drastically within a relatively short period. Lawyers are on the front line, constantly learning and developing new skills, interpreting new laws and possess a keen understanding of the funny quirks that appear from time to time. They skilfully draft wills that are not only in line with current legislation but also anticipate and mitigate potential loopholes or areas which could develop in to family arguments in the future.

In the absence of that professional knowledge, using DIY methods or non regulated will writers may inadvertently leave wills open to disputes, contests or even invalidity which then jeopardise the desired outcomes. Stakes are high when making a will as it is usually too late to rectify mistakes found which can lead to spending inheritance on fighting family battles or correcting mistakes.

Emotional support and objectivity

Making a will is an emotional exercise, steeped with superstition and worry. It leads to contemplating our own mortality and what and how we want to leave things behind. A lawyer's role here extends to more than just a legal drafter, they provide an emotional platform for clients to express and work through their thoughts and feelings. This support allows a more balanced, comprehensive and objective outcome. Lawyers serve as the "devil's advocate" seeing different viewpoints and positions of potential beneficiaries which can be vital when complex family dynamics are involved.

The lifetime of legacy

A well crafted will, written with the guidance of legal professionals is an enduring document that will handle anything that comes its way. It will have foresight and flexibility and will be able to deal with life's twists and turns. A will is just one part of comprehensive estate planning for a happy and worry free retirement.

This is the polar opposite to a will drafted without thorough legal review which may fail to adapt to the ebb and flow of life but could also become unrecognizable in the face of changing laws.

enjoying retirement
enjoying retirement

The financial question

Yes, there is a cost to a will but it is an investment not an expense. A will invests in the future safety and security of your family. It invests in ongoing harmony after you have gone. The short term cost pain for long term gain is what is relevant when making your will. The benefits you will get from a well drafted will far exceeds the costs to make it and the expenses which could be incurred from a challenge by a disgruntled beneficiary or an argument about your capacity to make the will in the first place.

If you want to see how easy it is to make a will and to speak to someone who wants you to invest in your future give us a call on 01622 843729 for a free first aid call, so you can see for yourself what help is on offer.

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