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Estate Planning

Solicitor, Online Will or Estate Planner: Which is Right for You?

Richard Takle5 min read

There are several ways to make a Will or arrange a Lasting Power of Attorney. We look at the differences between online services, solicitors and advice-led estate planning - and where each approach may be appropriate.

Blue fishing boat on the beach at Poole, Dorset

There isn't a single “best” way to make a Will.

For someone with a very straightforward estate who is comfortable making their own decisions, an online service may provide everything they need.

At the other end of the spectrum, complex estates, contentious family situations or specialist legal issues may be better handled by a solicitor.

Between the two sits another option: an advice-led estate planning service.

The important question isn't simply: Who can produce the document?

It should be: How much advice and guidance do you need before that document is produced?

Option 1: Online Will services

Online Will writing services have made estate planning more accessible and convenient.

Typically, you answer a series of questions about yourself, your family, your assets and your wishes. Your answers are then used to produce the relevant documents for you to sign.

For straightforward circumstances, this can offer a quick and relatively inexpensive way to put a Will in place.

And there is nothing inherently wrong with that.

The potential difficulty is that an online system largely relies on you knowing what information is important and understanding the implications of the choices you're making.

For example:

  • How is your property owned?
  • What happens if one of your beneficiaries dies before you?
  • Are there children from a previous relationship to consider?
  • Should an inheritance pass outright or might some form of trust be appropriate?
  • Who should you appoint as executor?
  • Could inheritance tax be relevant to your estate?

If your circumstances really are straightforward and you're confident about the decisions you're making, an online service may be perfectly adequate.

The challenge is sometimes knowing whether your circumstances are as straightforward as they first appear.

Option 2: Using a solicitor

Solicitors have traditionally been the first place many people think of when making a Will or arranging an LPA.

There are good reasons for that.

Solicitors working through regulated firms operate within a formal regulatory framework and can provide legal advice across a wide range of circumstances.

They can be particularly appropriate where an estate involves more complex legal issues, such as:

  • an existing or anticipated family dispute
  • overseas property or assets
  • business or corporate interests
  • complicated family arrangements
  • questions around capacity or potential challenges
  • specialist legal or tax issues requiring additional expertise

For some people, that breadth of legal expertise and the protections associated with a regulated legal practice will be an important consideration.

For clients whose circumstances require specialist legal advice, or where there is a significant risk of dispute, a solicitor may well be the most appropriate route.

Option 3: An advice-led estate planning service

The third option is to work with a specialist estate planner.

This is the model we use at Wyvern Estate Planning.

Rather than simply providing a document for you to complete, the process starts with a conversation.

We look at your circumstances, your family, your property, your concerns, and most importantly - what you're actually trying to achieve.

That might involve questions such as:

  • Who do you want to inherit and when?
  • How is your home owned and in what share?
  • What would happen if your spouse or partner remarried after your death?
  • Do you have children from previous relationships?
  • Are any beneficiaries young or vulnerable?
  • Who would you trust to make decisions for you if you couldn't make them yourself?
  • Are there inheritance tax considerations worth exploring?

Only once those questions have been considered does the conversation move towards the documents required.

At Wyvern, our approach is designed to combine personal guidance, straightforward explanations and clear fixed fees, without making the process unnecessarily complicated.

For many individuals and families, that provides a useful middle ground between a largely self-directed online process and situations requiring the wider legal services of a solicitor.

The document isn't really the starting point

This is perhaps the most important distinction.

When people think about estate planning, it's easy to focus on the document:

“I need a Will.”

Or:

“We should probably get our LPAs done.”

But the document should really be the result of the planning process, not the starting point.

A well-considered estate plan needs to reflect the bigger picture. Your family, your assets, the people you want to protect and what you ultimately want to happen.

Two people with houses of similar value could require very different planning simply because their families and objectives are different. That's where the conversation before the drafting becomes so important.

What about Lasting Powers of Attorney?

The same principle applies to LPAs.

It is possible to make an LPA yourself using the government's online service or paper forms.

But completing the form is only one part of the decision.

You also need to think carefully about who you appoint, how you want multiple attorneys to act, whether replacement attorneys are appropriate, and whether there are particular wishes or instructions you want recorded.

An LPA must also be registered with the Office of the Public Guardian before it can be used.

For straightforward circumstances, some people will be perfectly comfortable handling this themselves.

Others prefer guidance because the important part isn't filling in the boxes, it's understanding the consequences of the choices going into them.

So which option is right for you?

There is no universal answer.

An online service may suit you if your circumstances are genuinely straightforward, you're comfortable making the planning decisions yourself and your priority is a simple, self-directed process.

A solicitor may suit you if your estate involves particularly complex legal issues, overseas assets, an existing or anticipated dispute, intricate business interests or circumstances requiring specialist legal advice.

An estate planner may suit you if you want someone to sit down with you, understand your circumstances, explain the options clearly and guide you through the planning process before preparing the appropriate documents.

And sometimes a good estate planner should tell you that your circumstances would be better dealt with by a solicitor or another specialist adviser.

Knowing when another professional is needed is part of good estate planning too.

The most important thing is to make an informed choice

Whether you choose an online service, a solicitor or an estate planner, the important thing is to understand what service you're getting and whether it matches what you actually need.

Price and convenience matter.

But so do the questions being asked before your Will or LPA is prepared.

Because ultimately, estate planning isn't really about producing paperwork.

It's about making sure the right things happen for the right people when it matters.

Not sure which approach is right for you? That's exactly what our free initial consultation is for - a straightforward conversation about your circumstances, your options and what you actually need.

Questions about your estate planning?

Book a free, no-obligation consultation to discuss your circumstances with a qualified adviser.