Why a professionally written Will

Last verified: Aug 2026 (England & Wales)

Quick-read summary

A properly drafted Will isn’t just a form. It is your instructions, legally effective, and practical for the people you care about. DIY templates and “cheapest online” options can leave gaps that cause delay, cost and conflict.

A professionally written Will translates your wishes into explicit, lawful provisions, signed and witnessed correctly, with the right people appointed and the proper protections in place.

Clients tell us they want three things: clarity, protection for loved ones, and a smooth process when the time comes. That’s exactly what we design your Will to deliver.

If you’ve already enquired with us, this page is your next step: a clear overview of why professional drafting matters and what working with Fern Wills & LPAs looks like.

Practical checklist

• You have a partner, children, a blended family, or dependants.
• You own a home, business interests, savings/investments, or life insurance.
• You want to ring-fence gifts (e.g., for children from a previous relationship).
• You care who looks after your children and how money is managed for them.
• You want to reduce risks of delay, disputes, or avoidable tax/benefit issues.
• You want the signing and witnessing done correctly (so it’s valid).
• You want someone to review your situation and steer you around pitfalls.

What to consider: key points most DIY guides miss

• Validity depends on details. Wills must be signed and witnessed correctly; otherwise, they may be invalid. Minor errors can invalidate gifts or entire Wills.
• Executors & guardians. Choosing the wrong people (or not giving them the right powers) can create friction and delays.
• Trusts where appropriate. For young children, vulnerable beneficiaries, or blended families, a simple Will may be too simple. A trust clause can protect them.
• Clear gifting. Ambiguous wording or unclear residue clauses lead to disputes; precise drafting keeps things smooth.
• Capacity & influence. Professional notes and process help evidence capacity and guard against claims of undue influence later.
• Storage & access. Your Will is only useful if the signed original is safe, recorded and retrievable when the right people need it.
• Joined-up planning. Wills, LPAs and (where relevant) life policies or nominations should be coordinated so your plan actually works in real life.

How this works in real life (client example)

We recently helped Mr and Mrs Davis, a blended family with children from previous relationships. They’d drafted a simple Will online months earlier. Upon review, we found: no guardianship backup, gifts that could inadvertently disinherit one side of the family, and no instructions on how the house should be handled if the survivor later remarries.

We rewrote their Wills with a right-to-reside / life interest approach for the survivor, clear sub-trusts for the children, properly chosen executors and guardians, and signing supervised to the legal standard. They told us the new Wills felt “fair, future-proof, and calm.” That’s the difference a professional Will can make.

Is a DIY Will legal?

It can be, but the law requires strict rules for signing and witnessing, and unclear wording is a common reason for disputes. Professional drafting aims to remove those risks. Legislation.gov.ukGOV.UK

What happens if there’s no valid Will?

The estate follows the intestacy rules, which may not reflect your wishes (for example, unmarried partners do not automatically inherit). GOV.UK

Can my Will be challenged?

Certain people (e.g., spouse/civil partner, dependent children) can ask the court for “reasonable financial provision.” Clear drafting and appropriate trusts help reduce the risk. Legislation.gov.uk

Who can witness my Will?

Two independent adult witnesses who are not beneficiaries (nor married to a beneficiary). We’ll guide and supervise this process to ensure it’s done correctly. GOV.UK

What if I’m worried about mental capacity or pressure from others?

We take the Will instructions directly from the person making the Will, ordinarily speak with them privately, and keep detailed contemporaneous notes. For someone making their own Will, testamentary capacity is currently assessed under the common-law Banks v Goodfellow test—not the Mental Capacity Act 2005. Capacity and undue influence are separate issues, so we consider both. If capacity is genuinely uncertain, read Making a Will When Mental Capacity Is Uncertain.

Do I need a trust in my Will?

Not always, but trusts are beneficial for children, vulnerable beneficiaries, and blended families. We’ll flag when a simple Will is too simple and explain your options.

How often should I review my Will?

After major life events, such as marriage, divorce, having children, moving house, or receiving an inheritance, or every three to five years to check it still fits.

Technical Notes  

• Validity & witnessing (core rule): A Will must be in writing, signed by the testator (or someone at their direction), with the signature made or acknowledged in the presence of two witnesses who each sign in the testator’s presence. Legislation.gov.uk
• Intestacy: Without a valid Will, statutory rules determine who inherits; unmarried partners/certain relatives may receive nothing. GOV.UK
• Financial provision claims: The Inheritance (Provision for Family and Dependants) Act 1975 allows certain applicants to seek reasonable provision from the estate. Legislation.gov.uk
• Testamentary capacity: For a person making their own Will, the current legal test is the common-law Banks v Goodfellow test. The Mental Capacity Act 2005 applies when the Court of Protection is considering a statutory Will on someone’s behalf. The Law Commission has recommended adopting a single Mental Capacity Act test, but that recommendation has not yet changed the law.

Sources & further reading

• Wills Act 1837, s.9 (signing and attestation). Legislation.gov.uk
• GOV.UK: Ensure your will is legally valid (signed and witnessed). GOV.UK
• GOV.UK: Intestacy — who inherits if there’s no Will. GOV.UK
• Inheritance (Provision for Family and Dependants) Act 1975. Legislation.gov.uk
• Law Commission: Wills project—current testamentary-capacity position and recommended reform.
• Making a Will When Mental Capacity Is Uncertain

Next steps

• Reply to your enquiry email with a convenient time. We’ll arrange a short, no-obligation call.
• If helpful, we can meet at your home or online.
• We’ll confirm your wishes, advise on executors/guardians/trusts, and supervise the signing so your Will is valid and ready when needed.