You may not need legal advice to write a Will

I received an interesting comment from somebody recently;

“I learned of a woman who did a Will through this process but was not advised about how to care for her disabled child when she passed. No Hensen trust was set up for the child. In my personal and professional experience, a person should receive legal advice when preparing a Will”

This comment actually makes no sense. We would agree that this particular person should have received legal advice in preparing their Will. In fact, one of the questions we ask up-front is whether there are special needs children to care for within the Will. If there are, then we would explain to that individual that our service is not a good fit for them, and that they should indeed seek legal advice. But does that therefore mean that everybody needs legal advice to write a Will? Of course not. The vast majority of the users of our service need a Will that leaves everything to their spouse, and if something were to happen to both parents, then the estate would be distributed between their children. Guardians should be named, and possibly trusts for minor beneficiaries. But a Will covering this situation is straightforward and can be written using our service in about 20 minutes. In fact, if you went to a legal professional to prepare this type of Will, you would be paying way more than you need to.

Of course there are are complicated family situations that would benefit from legal advice, but scaremongering everybody into paying for a lawyer leaves us with a situation where about 70% of adults do not have an up-to-date Will. The vast majority of those people could quite easily use our service to fit their estate planning needs.

But the counter argument would be “ahhh, but how does a person know if they need legal advice or not?” At LegalWills.ca, LegalWills.co.uk and USLegalWills.com we provide a list of circumstances under which we recommend that a person seek legal advice and not use our service. These include; planning to disinherit a spouse, a history of mental illness, children with special needs or if you think that there may be a challenge to the Will, or have any doubts whatsoever about your situation.

Our advice would be that although you may have heard of somebody needing legal advice to prepare their Will, you shouldn’t feel that this situation applies to you. And you shouldn’t let the thought of booking an appointment with a lawyer put you off preparing your Will. You can have a Will in your hands in about 20 minutes at LegalWills.ca, LegalWills.co.uk and USLegalWills.com

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