DIY Wills vs. Professional Advice – What’s the Risk?

14 Jul 2025

By Jamie Corbitt, Trainee Solicitor, Gilson Gray

With the rise of online will-writing kits and downloadable templates, it’s understandable that some people in Scotland are tempted to draft their own Will. A DIY Will can seem like a quick, low-cost option – particularly if your financial affairs appear straightforward.

However, while it may seem simple, preparing a Will without legal advice carries significant risks. In Scotland, Wills must meet specific legal requirements to be valid. Even a small drafting error or omission can have serious consequences, including the risk of your estate being distributed in a way you didn’t intend.

Here’s why taking professional advice when making a Will is often the most secure – and cost-effective – choice.

The Appeal of DIY Wills

DIY Wills are readily available online, often marketed as quick and inexpensive alternatives to using a solicitor. They can appear suitable for people with smaller estates or uncomplicated family arrangements.

But a Will is not just a personal document – it’s a legal one. In Scotland, a Will must comply with the formalities set out in the Requirements of Writing (Scotland) Act 1995, and it must be properly drafted to ensure it is valid and can be relied upon after death. Without legal guidance, the risk of getting it wrong is high.

Common Pitfalls with DIY Wills

Some of the most frequent issues with homemade Wills include:

• Failure to meet formal requirements: A Will in Scotland must be in writing and signed by the testator (the person making the Will) on the final page. Although witnessing is not essential for legal validity, a Will that is not properly witnessed may require additional court evidence before confirmation (the Scottish equivalent of probate) can be granted – adding delay and cost.
• Unclear or ambiguous language: Legal documents require precision. Vague or inconsistent wording can result in confusion, disputes between beneficiaries, or court intervention to interpret your intentions.
• Overlooking legal rights: In Scotland, spouses, civil partners, and children are entitled to claim legal rights – a fixed share of the deceased’s moveable estate (assets such as money, investments, and personal belongings). These rights apply even if someone is excluded from the Will. Failure to understand or plan for legal rights can lead to unintended outcomes.
• Incomplete estate distribution: Many DIY Wills fail to deal with the entire estate or to name substitute beneficiaries in case someone predeceases the testator. This can lead to partial intestacy, where part of your estate is distributed under the default rules – potentially contrary to your wishes.
• Lack of tax or estate planning: DIY Wills typically do not address inheritance tax, potential liability issues, or the efficient administration of your estate. This can have financial consequences for your beneficiaries.
• Failure to update the Will: Major life events – such as marriage, divorce, or the birth of children – can affect your testamentary wishes. Most online templates do not prompt regular reviews.
• It is important to note that unlike in some other jurisdictions, marriage or civil partnership does not revoke a Will in Scotland – making periodic reviews all the more important.

The Cost of Getting It Wrong

If a Will is invalid or poorly drafted, your estate – or part of it – may be treated as if you died intestate (without a valid Will). In that case, the rules of intestacy under Scots law determine who inherits, which may not reflect your wishes.

Disputes, delays in winding up the estate, and additional legal expenses are common in such cases. Often, the cost of correcting mistakes or resolving conflicts far exceeds the cost of having a Will professionally prepared in the first place.

The Benefits of Using a Solicitor

When you instruct a solicitor experienced in private client law, you gain more than just a legally sound document. You receive:

• Personalised advice tailored to your family, financial, and tax circumstances
• A Will that complies with all relevant Scottish legal requirements
• Consideration of inheritance tax and succession planning
• Guidance on how to protect vulnerable beneficiaries or address complex family dynamics
• Secure storage and support in reviewing or updating your Will over time

Final Thoughts

A Will is one of the most important legal documents you will ever make. It ensures that your estate is distributed according to your wishes and provides clarity for your loved ones at a difficult time.

While a DIY Will might seem appealing at first glance, the risks – legal, financial, and emotional – can be significant.

Investing in expert legal advice provides peace of mind and the reassurance that your affairs will be handled exactly as intended.

Find out more about our Private Client services here.