Now and then, someone asks me, “Why don’t I just write my Will myself?”
As the owner of Beaulieu Wills and Estate Planning, my honest reply is always the same: “You absolutely can. Just like you can service your own car, install your own kitchen, or rewire your own house.”
But most of us don’t – for the straightforward reason that:
- We don’t have the time
- We want to be certain it’s done properly
And as this real-life story shows, when a will goes wrong… it can go very wrong.
Meet Mr and Mrs Jones
(Names changed to protect the innocent)
Mrs Jones came to see me recently, worried that her husband had made a mistake with the Wills he’d written himself. The situation wasn’t straightforward:
- They’d been together for 20 years, married only 18 months
- Still living separately in their own homes
- Mrs Jones had two adult sons
- Mr Jones had an adult son and estranged daughter
- Mr Jones’ estate: £2 million
- Mrs Jones’ estate: £450,000
- And sadly, Mr Jones had been diagnosed with terminal prostate cancer
Now, Mr Jones was a very capable man – self-made, successful, fiercely independent, and deeply sceptical of “experts”. He had fallen out with his daughter and wanted everything to go to his son. Mrs Jones was happy leaving her estate to her own two sons.
So, Mr Jones did what many people do.
He picked up a pen and hand-wrote both Wills.
Yes… hand-wrote them. Every word.
Right down to the accidental ink stain.
The First Big Problem
Hand-written Wills can be valid, but they’re far easier to challenge – particularly by disgruntled relatives. In this case, Mr Jones’ daughter would have had ample grounds to contest it.
But the real issue wasn’t the handwriting.
The Fatal Mistake
When the Wills were signed, their witnesses were:
- Mr Jones’ own son
- Mrs Jones’ son
And here’s the rule that trips up countless DIY Wills:
Beneficiaries (or their close relatives) cannot witness a Will.
If they do, either:
- Their inheritance becomes invalid, or
- The entire will is thrown out
In this case, the error risked making both Wills invalid, pushing everything into the laws of intestacy.
Which is where the calculator comes out.
What Intestacy Would Have Done
Under intestacy rules for someone married with children:
- The first £270,000 goes to the spouse
- The rest is split 50/50 between spouse and children
So for Mr Jones:
- Estate: £2,000,000
- £270,000 to Mrs Jones
- Remaining £1,730,000 split equally
Meaning:
- £865,000 to Mrs Jones
- £865,000 to the children
So far, so logical.
But then comes inheritance tax…
A Tax Bill No One Expected
The spouse is exempt from inheritance tax. For the children, it’s a different matter. The children’s combined share of £865,000, would exceed the standard allowances available (usually around £500,000 with residence relief). This means £365,000 of the £865,000 would be pushed into the taxable bracket. At 40% inheritance tax, that’s a bill of £146,000.
Meaning the children would share £719,000, not the full amount Mr Jones intended.
Now here’s the twist:
Because the Will was likely invalid, Mrs Jones would actually end up with £1,135,000 – entirely tax-free.
Meanwhile, the estranged daughter (whom Mr Jones deliberately excluded) would inherit £395,500, and his son £395,500 after tax.
Not even close to what he wanted.
What Happened Next
Mrs Jones – understandably – wasn’t displeased with the intestacy outcome.
But she still asked me to write her own Will properly, which I did.
And she gently explained the situation to her husband.
He remained adamant that his handwritten Will was “fine” and still refuses to have it professionally drafted.
Some battles, it seems, are unwinnable.
The Moral of the Story
You don’t need a £2 million estate to run into problems.
A Will that’s not drafted correctly can:
- Be challenged
- Become invalid
- Trigger intestacy
- Create unnecessary tax bills
- Pass money to people you never intended
- Leave your family trying to pick up the pieces
A properly drafted Will removes those risks in one simple step.
Let’s Make Sure Your Wishes Actually Happen
If this story has made you raise an eyebrow (or your blood pressure), now might be a good time to check your own arrangements.
I’m always here for a confidential, friendly chat.
01277 562 567
ian.nicholson@bwep.uk
07919 241 386
www.bwep.uk
Don’t wait – protect your estate.