Why you should use a solicitor to draft your Will

August 13, 2026

By Nick O’Sullivan

Read time: 5 minutes

Writing a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. Yet many people are tempted by DIY wills or low-cost online will-writing services, often assuming that writing a will is simply a matter of deciding who gets what.

In reality, a well-drafted will is about far more than distributing your assets. It can help minimise inheritance tax, protect vulnerable loved ones, appoint guardians for children and reduce the risk of expensive disputes after your death. Getting it wrong can have serious consequences, potentially leaving your family facing unnecessary legal costs, delays and uncertainty.

This guide explains why using a specialist solicitor to draft your will is often one of the most valuable investments you can make.

Why a professionally drafted will offers more protection

A solicitor does much more than prepare a legal document. Before drafting your will, they will take time to understand your personal and financial circumstances, allowing them to identify issues that standard templates and online questionnaires often overlook.

This includes discussing:

  • the assets and liabilities that make up your estate;
  • your family circumstances, including blended families, unmarried partners or stepchildren;
  • who you would like to benefit from your estate; and
  • any concerns you have about how your beneficiaries may receive or manage their inheritance.

These conversations allow your solicitor to recommend solutions that are tailored to your circumstances, rather than relying on generic wording that may not properly reflect your wishes.

Estate planning is about more than deciding who inherits

Many people assume that a will simply records who should receive their estate. In reality, it is also an opportunity to consider how your estate can be managed efficiently and whether steps can be taken to reduce the inheritance tax (IHT) payable.

A solicitor can advise on how your will fits alongside your wider financial affairs and discuss whether there are opportunities to structure your estate more effectively during your lifetime.

The aim is not simply to distribute your assets, but to help preserve as much of your estate as possible for the people you want to benefit.

Protecting children and vulnerable beneficiaries

Every family is different, and not every beneficiary is in the same position to receive a significant inheritance outright.

For some people, it may be appropriate to include trusts within a will to protect assets for beneficiaries who are:

  • children or young adults;
  • vulnerable because of illness or disability;
  • financially inexperienced;
  • at risk of bankruptcy;
  • going through relationship difficulties or divorce; or
  • receiving means-tested benefits that could be affected by a lump sum inheritance.

Rather than receiving assets immediately, a trust allows appointed trustees to manage those assets in the beneficiary’s best interests until the appropriate time.

For parents of young children, a will also provides the opportunity to appoint legal guardians. Without a valid appointment, important decisions about a child’s future may ultimately be left to the courts.

Parents can also choose the age at which children inherit. Without specific provisions, children generally become entitled to inherit at 18. Many parents instead choose an older age, such as 21 or 25, providing greater confidence that their children will be financially mature enough to manage a substantial inheritance.

Planning for later life

Discussions about a will often raise wider questions about future care and financial planning.

Where appropriate, a solicitor can advise on drafting a will that forms part of a wider estate planning strategy, including arrangements that may help preserve family assets where care home fees become a concern.

Although every family’s circumstances are different, taking advice early provides more opportunities to consider the options available.

Secure storage provides valuable peace of mind

Once your will has been signed, its safekeeping becomes just as important as its contents.

Specialist solicitors securely store original wills, ensuring they can be located when required. Losing an original will can create significant practical difficulties after death, increasing the time, complexity and cost of administering an estate.

In some cases, if an original will cannot be found, there may even be questions over whether it remains valid.

The risks of DIY wills and cheap will-writing services

Preparing your own will may appear to save money in the short term, but mistakes can become extremely expensive after your death.

A poorly drafted will is more likely to result in uncertainty or disputes, particularly where wording is unclear or legal formalities have not been followed correctly.

Common issues include:

  • mistakes that make the will invalid;
  • ambiguous wording that creates uncertainty over your wishes;
  • inadequate consideration of complex family circumstances;
  • failure to address inheritance tax planning; and
  • increased scope for disappointed beneficiaries to challenge the will.

Professional drafting cannot eliminate every dispute, but it significantly reduces the likelihood of avoidable problems arising.

What happens if your will is invalid?

If a will is found to be invalid, your estate may instead be distributed under the rules of intestacy.

These rules determine who inherits, regardless of your personal wishes. They can produce unexpected outcomes, particularly for modern families.

For example, unmarried partners and stepchildren do not automatically inherit under the intestacy rules, regardless of how long the relationship has existed.

Without a valid will, the people you intended to provide for could receive nothing, while others you never intended to benefit may inherit instead.

Investing in expert advice can save money later

For many people, their home represents their largest financial asset. Combined with savings, pensions and investments, an estate may easily be worth hundreds of thousands of pounds.

Against that backdrop, the cost of professional legal advice is often modest when compared with the potential financial and emotional consequences of mistakes.

A professionally drafted will provides reassurance that your wishes have been properly recorded, your family circumstances have been carefully considered and your estate has been structured as effectively as possible.

How Darwin Gray can help

Our Wills, Probate and Contested Estates team advises individuals and families across Wales on every aspect of estate planning.

Whether you are making your first will, updating an existing one following a change in circumstances or looking to protect your family’s future through more comprehensive estate planning, our experienced solicitors can provide practical, tailored advice.

Taking professional advice now can help prevent uncertainty, unnecessary costs and family disputes in the future.

To speak to a member of our team, please get in touch using our contact form or via 02920 829 100 to see how we can help you or your business.

Frequently asked questions

Is it worth paying a solicitor to draft a will?

For many people, yes. A solicitor will ensure your will is legally valid, reflects your personal circumstances and considers issues such as inheritance tax, trusts and family arrangements that DIY wills often overlook.

Can I write my own will?

You can write your own will, but it must comply with strict legal requirements. Mistakes in drafting or signing the document can make it invalid or create uncertainty that leads to disputes after your death.

What happens if I die without a valid will?

If there is no valid will, your estate will usually be distributed under the rules of intestacy. These rules do not always reflect modern family structures and may leave unmarried partners or stepchildren without any inheritance.

Should I update my will?

Yes. It is generally sensible to review your will every few years or following significant life events such as marriage, divorce, the birth of children or grandchildren, buying property or changes to your financial circumstances.

Where should I keep my original will?

Your original will should be stored somewhere secure where it can be located after your death. Many people choose to leave the original with the solicitor who prepared it, ensuring it is safely stored and readily available when needed.

*General guidance from the Wills, Probate and Contested Estates team at Darwin Gray LLP. This article is for information only and is not legal advice. For advice on your own circumstances, please contact our team.*

Contact Our Team

To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.

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