Reasons to avoid an execution-only service: The risks of preparing a will without tax or estate planning advice

Making a will is one of the most important steps you can take to protect your family and safeguard your assets for the future. However, creating a will without professional inheritance tax advice or broader estate planning guidance – known as an execution-only service – can carry significant risks.

While it may seem quicker or more cost-effective, there are several reasons why an execution-only service can be problematic, especially for those with valuable or complex assets. Our wills and estate planning expert explains why seeking professional guidance is essential and highlight the potential pitfalls of preparing a will without proper inheritance tax and estate planning advice.

You may pay more inheritance tax than necessary

A will can be perfectly valid but still lead to your estate paying more inheritance tax than necessary. Without proper estate planning advice, valuable tax allowances and exemptions, such as the Residence Nil Rate Band or spousal exemptions, may go unused or assets may be distributed in a way that increases inheritance tax unnecessarily.

Inheritance tax rules are complex and change over time. Professional will and estate planning advice from experienced lawyers ensures your assets are distributed tax-efficiently and in line with current UK inheritance tax rules.

Your will may not achieve what you want it to

A will that’s drafted strictly in accordance with your instructions, without proper discussion or professional guidance, may not achieve your true intentions. While it may be legally valid, assets may pass to the wrong people, partners or stepchildren may be accidentally disinherited (particularly in the case of unmarried couples), and seemingly ‘simple’ wording can create complex legal problems.

You won’t have safeguards against future disputes

A lawyer acting for you without offering guidance cannot explore potential risk factors that may leave the will vulnerable to challenges. This can result in claims from family members who believe they should have been included, allegations regarding lack of mental capacity or undue influence, or ambiguous clauses that beneficiaries interpret in different ways.

The impact of such disputes can be significant – causing stress for loved ones, substantial legal costs, and lengthy delays in administering the estate.

You may miss opportunities to protect your assets

Without professional advice, important estate planning options can easily be missed. This may mean inheritances could be at risk from divorce or bankruptcy, long-term care fees may not be taken into account, and vulnerable or disabled beneficiaries may not be properly provided for.

No advice on practicalities

Many people are unaware that not all of their assets will necessarily pass in accordance with their will. Without professional advice, life insurance policies may be paid to the wrong recipients, jointly owned property and pension nominations may not align with the terms of the will, and business or agricultural assets may require special treatment that has not been considered. Digital assets are also frequently overlooked altogether. These oversights can lead to confusion, disputes, or costly corrective work after death.

You accept full responsibility for the instructions

When lawyers provide an execution-only service, they are simply responsible for drafting the will based on your instructions.

This means they cannot advise you if something may be unwise or ineffective or suggest alternative options that could better protect your estate. As a result, you bear the risk of any losses caused by how the will is structured.

Your will may become outdated quickly

Without professional advice, it can be difficult to plan for future changes that may affect your will. Laws can change, tax rules may be updated, and family circumstances often evolve through marriage, divorce, or the birth of children.

These developments can significantly alter how your will operates in practice. As a result, a will prepared on an execution-only basis may become outdated or unsuitable far sooner than you expect.

How can we help?

In most cases, even brief professional guidance can be highly beneficial. The cost of obtaining advice is often small when compared to the potential financial loss, practical difficulties, or unintended consequences that can arise from a poorly structured will.

If you are unsure whether you need advice or would like to understand how inheritance tax or estate‑planning issues affect your will, please get in touch with our expert team. A short discussion can often prevent much bigger problems later down the line.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future.