Protecting assets against fraud – avoid common pitfalls

Protecting assets against fraud means more than simply relying on Will writing services or attempting DIY wills, even if these may seem like convenient solutions. These approaches often lack the legal rigour and oversight necessary to truly protect your assets. At Fosters Solicitors, our Wills and Life Planning Solicitors frequently help clients who’ve unknowingly left their estate vulnerable by not seeking specialist legal support at the outset.

In England and Wales, Wills must meet strict legal standards to be valid and enforceable. While many people are drawn to DIY options or low-cost Will writing services, these alternatives can introduce serious risks – ranging from invalid documents to outright fraud. This article explores the pitfalls of such approaches and explains why instructing a qualified solicitor is the most secure way to protect your estate.

Why DIY Wills and Will writing services can be risky

The popularity of DIY Wills and non-solicitor Will writing services has increased in recent years. These options may appear simple and affordable, but they often come with hidden dangers and costs. Unlike solicitors, many Will writing firms are not regulated by the Solicitors Regulation Authority (SRA), meaning they operate without legal accountability or professional indemnity insurance.

• DIY Wills often lack legal accuracy and are frequently invalidated due to technical errors.
• Unregulated Will writers may not be legally qualified or insured, leaving clients with no recourse if things go wrong.
• Both approaches increase the risk of misinterpretation, disputes, and fraud.

The Law Society warns that consumers often assume Will writers are legally trained – when in fact, they may have no legal qualifications or protections in place.

Common mistakes with DIY Wills

Attempting to draft your own Will without legal advice can lead to serious oversights. The consequences of these mistakes often only come to light after your death, when it is too late to correct them.

1. Invalid execution: Wills must be signed in the presence of two independent witnesses. Failing to meet this requirement renders the Will invalid.
2. Ambiguous language: Poor wording can result in confusion, legal challenges, or assets not going where intended.
3. No contingency planning: DIY Wills often fail to address scenarios like simultaneous deaths or substitute beneficiaries.
4. Failure to keep it updated: Life changes such as marriage, divorce, or children require updates, which are often overlooked.
5. Setting up a trust that loses IHT allowances: It is possible to inadvertently create a trust that loses Inheritance Tax allowances or even incurs additional tax liabilities (such as putting your house into a trust but continuing to live there).

Why Will writing services are not always the safe option

Many consumers assume professional Will writing services offer the same legal security as a solicitor – but this is not the case. Most Will writing services are not regulated, which means:

• They are not required to carry insurance for negligence claims.
• They are not accountable to a regulatory body such as the SRA or Legal Ombudsman.
• They may use outdated or generic templates that do not reflect your individual needs.

Without the assurance of professional legal oversight, your Will may be at risk of challenge, invalidation, or misadministration – especially in complex family or financial circumstances.

The legal requirements for a valid Will

In England and Wales, a Will must meet certain legal requirements to be valid under the Wills Act 1837:

Meeting these requirements is not always straightforward – especially without specialist legal guidance. That’s why protecting assets against fraud must begin with trusted legal advice from qualified solicitors.

Case scenario: The cost of avoiding legal advice

“Ms R” created her own will using a high-street Will writing service. Unfortunately, the provider used outdated templates and failed to properly advise her on Inheritance Tax implications. After her death, the estate was hit with a £40,000 tax liability that could have been avoided. Additionally, one clause was deemed ambiguous, leading to a costly legal dispute among family members. Had Ms R sought proper legal advice from a regulated solicitor, the estate would have been protected, and the tax impact minimised.

How solicitors help with protecting assets against fraud

Solicitors play a crucial role in safeguarding estates from fraud and legal disputes. They offer professional, regulated services that ensure your wishes are carried out securely and lawfully.

• Identity verification and secure signing procedures.
• Drafting that considers family dynamics, taxation, and inheritance law.
• Protection against coercion or undue influence.
• Secure storage of original Wills and guidance for executors.

Choosing a solicitor helps mitigate the risks associated with DIY attempts or unregulated services, ensuring that protecting assets against fraud is more than just an intention – it’s a legal certainty.

Benefits of specialist legal support

• Peace of mind that your Will is valid and enforceable.
• Protection from fraud, coercion, and misinterpretation.
• Expert advice on trusts, Inheritance Tax, and guardianship.
• Legal compliance under current laws in England and Wales.
• Ongoing support for future changes and updates.

Rather than taking chances with Will kits or unregulated firms, investing in proper legal support ensures your estate is protected, your wishes are upheld, and your loved ones are not left to navigate unnecessary disputes or complications.

We have a dedicated Wills and Life Planning team of experienced, professional and approachable experts who can help you make a Will. We offer friendly and bespoke advice and can meet you at any of our offices or, if it is more convenient for you, at your home or any other location at a time that is suitable for you. We also offer video and telephone appointments on request.

Our team have extensive experience in drawing up Wills and understand the impact they can have on your future, and the future of your loved ones – and therefore will support and advise you every step of the way.

Contact us for more information.

FAQs

What does protecting assets against fraud involve?

Protecting assets against fraud involves creating legally valid documents like Wills and Lasting Powers of Attorney, using regulated professionals, and implementing safeguards against undue influence, coercion, or tampering.

Are DIY Wills legally valid?

DIY wills can be legally valid in England and Wales if they meet all requirements under the Wills Act 1837, but they carry a high risk of technical errors, ambiguity, and invalidation.

Why is a solicitor better than a Will writing service?

Solicitors are regulated, legally qualified, insured, and accountable. Will writing services may lack all of these protections, leaving your estate vulnerable to errors and fraud.

What are common signs of Will fraud?

• Unusual last-minute changes to a Will.
• Lack of proper witnesses.
• Disinheriting close family without explanation.
• Wills that appear typed but lack verifiable signatures.

How can I protect my Will from being contested?

1. Use a solicitor to draft your Will.
2. Include a letter of wishes explaining decisions.
3. Avoid using witnesses who may benefit.
4. Keep your Will updated as circumstances change.

Is my Will still valid after I get married?

No, marriage usually revokes a will in England and Wales unless the Will was made in contemplation of marriage. You should always review your Will after any major life change.

This article was produced on the 22nd August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.