It will not have escaped your notice that Artificial Intelligence (AI) is all the buzz at the moment. But long before the advent of AI, we had online Wills generators which have been available for years. Whilst these might be useful in the most basic of circumstances, they are not universally popular.

Why use an online Will generator?

Most people today are familiar and comfortable with mobile and internet technology. We exchange information online every day from our digital banking App to our social media pages. 

But is it different when it comes to making a Will?

There are some basic questions you will be asked when you decide to make a Will. The most basic Will requires your name and address, who you wish to be appointed as executor and how you wish to divide up your estate. Simple? Perhaps!

An automated Will generator can fairly quickly put together a Will using a standard Template based on the answers to the questions you have given. Some of the more expensive options will even have a paralegal check the text before you then sign the Will.

An online Wills service can be quick and convenient and ideal for the busy individual.

Usually, the online service will ask for payment in advance of preparing the Will. It will then prepare the Will based on the answers to a series of questions. It might then have the Will checked by a paralegal or qualified Will Writer – but that usually depends on how much you decide to pay. You also might not be made aware of the additional cost of having the Will checked when you start off answering the questions.

Finally, to be valid, you have to print off the Will and sign it. Simple, yes, unless you do not have access to a printer! Of course, it has to be signed properly and the way you sign a Will in Scotland is different from the way a Will is signed and witnessed in England.

The problems start when you get into the detail of what you want to actually do.

You usually need to pay up front before you see the Will

Most online Wills services require you to pay upfront for the service. This usually means you must part with your hard-earned cash before you even start filling in the document. That means if you get halfway through the questions and find out this service is not for you, it’s too late. You have paid your money and you will be unlikely to get it back.

How are online Wills services regulated?

In a word, they are not regulated. Despite what most people think, making a Will is not an area reserved for solicitors nor is Will preparation regulated. This means anyone can set up a Will writing business with no qualifications whatsoever. There are, of course, many honest businesses that provide a Will writing service, but they are not regulated in any way. That can lead to problems when there are mistakes. Although well-meaning, if a non-regulated Will writer gets it wrong, you have no recourse to a professional complaints body and may struggle to be compensated for any loss the mistake causes.

Will you receive any advice on Legal Rights?

Legal Rights in Scotland mean that spouses, civil partners and children have and automatic right to share in the estate of the deceased. This can be particularly tricky when family dynamics are strained, especially in blended families.

Online Wills services will not pick up the nuances of the situation and may not fully explain the impact of Legal Rights in Scotland.

Is an online system open to fraud?

When you use an online Will writing service, no ID information is collected. Some services allow you to use your own online account to prepare a Will for someone else. But who is to say that the Will you prepare for someone else properly express their wishes rather than yours?

A determined person could prepare a Will containing conditions favourable to themselves and have a potentially vulnerable adult sign it and have it witnessed without the vulnerable adult knowing its contents. This is clearly a very dangerous situation.

Finally, there is nothing in the online Will writing service that checks for the capacity of the person answering the questions. That means it is foreseeable that someone could prepare a Will for an incapacitated adult and then have that person sign an unfavourable Will.

Will you receive any information or advice on Inheritance Tax?

You will receive no information about inheritance Tax. This means you may miss out on the opportunity to mitigate against Inheritance Tax payments when you die.

How do online Wills writers advise business owners?

Again, the short answer is they don’t. An online Wills writer will not give you any advice if you are a business owner. It merely takes the answers to the questions it asks and uses the information to fill in a Template. It does not advise and merely reflects the answers to your questions in a formal document. This could have potentially catastrophic consequences for the business owner and their families.

Why a “real life” solicitor is the better option

As they used to say in an old advert, “it’s never too early to speak to your solicitor”!

When you are thinking about making a Will, your best option is to speak to your solicitor. They are well-versed in dealing with all aspects of Will preparation, providing help with and advising on estate planning. 

Solicitors in Scotland are regulated by The Law Society of Scotland

Not only are solicitors in Scotland regulated by the Law Society of Scotland, in the case of service complaints, the Scottish Legal Complaints Commission (SLCC) will review and process a complaint against a solicitor for poor service. In the case of a professional misconduct complaint, the SLCC will pass that type of complaint onto the Law Society of Scotland who deal with cases of professional misconduct.

This ensures that solicitors, as regulated individuals, can be held accountable for any mistakes they might make as well as their overall conduct in dealing with their clients. Solicitors are also covered by professional indemnity insurance and that means clients will be compensated should the solicitor make a mistake with their Will.

You might wish to compare that level of oversight to those who administer a nameless, faceless Will writing bot!

Explaining Legal Rights

Your solicitor can explain the ins and outs of Legal Rights in detail and outline why it is almost impossible to disinherit your children in Scotland. In the case of blended families where there are children from different relationships, your solicitor can work through the implications for each of the children and stepchildren and explain what each is entitled to inherit.

Inheritance Tax Planning

Inheritance Tax (IHT) is becoming more into focus for a higher percentage of the population, driven mainly by inherited wealth and record house price values. There is little point in preparing a Will using an online Will writer only to find a large slice of your estate ending up in the hands of the tax man!

You will receive legal advice about care costs

If you are worried about potential care costs, your solicitor will be able to discuss how a Will Trust can help spread the value of your homee between you and your spouse and ensure that, when you die, your spouse can continue to live in the house whilst only owning half of it. This will potentially save you IHT and also reduce the potential for having to pay for elderly care.

Your solicitor will prevent you from being defrauded

Solicitors will ask you to provide identification evidence that you are you. They will always insist on meeting with or seeing the client who is making the Will. They will also determine whether the person making the Will has the capacity to make the Will.

Your solicitor can advise you on business succession questions and your Will

If you are a business owner, you will receive no help or advice from an online Will writer. They will ask you personal questions but not business questions. This could prove fatal for your business in the future should you fail to take steps to secure your business for future generations.

Your solicitor will ensure the Will is properly executed

Importantly, your solicitor will ensure the Will is properly signed and witnessed to avoid any potential challenge as to its validity.

The costs compare favourably

Finally, when it comes to cost, you will probably find that your solicitor is better value for money. You get to ask questions and receive advice that will help you shape your Will to properly express your intentions. You will receive a prompt service with the ability to quickly make changes before the final Will is ready for signature. You can meet your solicitor face to face or over a video link and you get to ask questions and receive immediate answers.

Pound for pound, instructing a solicitor to prepare your Will is much better value!

Experienced Will writing solicitors in North Berwick and Dunbar, East Lothian

Our experienced solicitors give daily advice to clients who wish to make a Will in North Berwick and Dunbar in East Lothian and across Scotland. They answer questions every day on every aspect of drawing up a Will and how and estate is administered. The solicitors in our firm also help clients with estate and business planning to determine the extent of and help mitigate against the impact of Inheritance Tax.

If you are considering making a Will and want good, solid and prompt advice from a “real person”, don’t rely on a bot to give you this. Get in touch with us today and we’ll be delighted to make an appointment to meet with you and to prepare your Will according to your instructions.