However, this is not the case, according to one reader of the article. A person who had written one on their own responded to the piece by explaining they had found it relatively straightforward to do and simply followed some good advice outlined in a DIY divorce pack he obtained on the internet. In addition, the individual had also acted as executor on the handwritten will of a friend. He stated that there had been no issues whatsoever with this and claimed his lack of experience in legal matters and the fact that the document did not have a solicitor's name stamped on it were completely "irrelevant" to his successful administering of the legacy.
"If your situation is straightforward and there is no tax liability, anyone with some common sense can do it. Don't try and use legal jargon, use plain language," the reader remarked. "If you try it yourself, the acid test is; can it be understood? When you've completed it, give it to a trusted friend and ask them this question: 'If you had to execute this, what would you do?' If they tell you what you intended, you're pretty much assured there will be no problems with anyone else understanding what you've written."
Despite disagreeing with the idea that wills are complex, the respondent did reveal that he was in favour of the general "thrust" of the lovemoney.com article, which emphasised that it is very important to set up a will for a number of reasons. Among these was ensuring that provisions are in place for partners. It stated that there is a common misconception that spouses are entitled to everything should their other halves die, but this is not the case in England and Wales. As the situation currently stands, legal partners will get all personal items, as well as all of the estate tax-free up to £450,000. However, if the deceased has parents, siblings or children, half of any of the rest of the estate would go to them. Partners are also not entitled to items that are used for business purposes, which could cause problems if the couple jointly ran a business.
Other benefits of writing a will mentioned in the piece include ensuring the right things go to the right people - something that can count for children as well as assets - and minimising the amount of tax that needs to be paid. Incorporating tax planning into a will can help to keep the amount of money taken by the taxman as low as possible, as well as ensuring that recipients of the estate are not burdened with having to find money to pay off any levies.
The article was written in response to the issues surrounding the will of pop star Michael Jackson, who died on June 25th.
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