WHAT IS A WILL
A Will is a legal document that states what happens to a person’s property after their death.PERSONAL REPRESENTATIVES
Wills usually appoint Personal Representatives called “Executors and Trustees” whose job it is to carry out the terms of the Will and administer the Estate. This includes collecting in the assets, paying off the debts and distributing the balance of the Estate to the beneficiaries. Trusts (particularly for children) may need to be set up and administered.INTESTACY
A person who dies without making a Will is described as Intestate and the rules of Intestacy apply as to how those person’s assets will be distributed. These rules are quite complicated. Please refer to our detailed explanation of the INTESTACY RULESPROBATE
This is the document issued by the Courts that confirms the Will is valid and states who the Executors are. It gives legal authority to the Executors to gain access to and collect in the assets and pay off the debts and generally administer the Estate including any debts.LEGAL REQUIREMENTS
Anyone over 18 and of sound mind can make a Will. The Will must express the person’s genuine wishes and they must understand and approve of the contents. If someone does not fully understand the contents of a Will they must not be afraid to ask and have it explained to them. If somebody is old or infirm or even a little eccentric then it may be useful to ask that persons doctor to check that the person is capable of making a Will and if satisfied for the doctor to be one of the witnesses.SIGNING AND WITNESSING A WILL
There are very strict rules as to how a Will needs to be signed and witnessed. If the Will does not comply with these rules it will be invalid. These are set out in section 9 of the Wills Act 1837 as follows:- The Will must be in writing and,
- Must have been signed by the Testator or some other person in their presence and,
- There must be signatures from at least two witnesses who both saw the Testator sign and who both then signed in his or her presence.
WITNESSES
The witnesses must be over 18 and be of sound mind themselves and, independent. Any gift to witnesses will be invalid.CHECKLIST
Before making a Will you should think about various matters including the following:- Prepare a List of the Estate
(Use our PERSONAL INFORMATION SHEET) - Decide who is to benefit
- Work out who is to receive what
- Make the Will!
REVOKING A WILL
A Will can be revoked and cancelled in the following ways:- Making a new Will
- Destroying the Will
- Marriage of the Testator
ALTERING A WILL
A Will can be altered by making an additional document called a Codicil. This is very similar to a Will except it is just a shorter version.CHALLENGING A WILL
A Will can be challenged on its validity or effect. Grounds can include:- Mental Incapacity
- Undue Influence
- Fraud
- Failure to Provide for Dependants
POST DEATH VARIATIONS
It is possible for the adult beneficiaries of Estate of a deceased person to agree to vary the distribution of the Estate. This can be done within 2 years of the death by signing a post death variation deed. This can be done whether there is a Will or not.It is of course possible for a beneficiary simply to disclaim any benefit or entitlement under a Will.
WILL MAKING SERVICES
Always be careful if you plan to make your Will using a Will making service. We believe it is always best to use a firm of Solicitors. Unlike Solicitors, there are no regulations or training requirements for Will making service companies.Make a Will
Everyone should make a Will. Ensure your wishes are carried out - don't leave it to chance! Please click on the link below.MAKE A WILL
MAKE A LIVING WILL
Ever thoughts about making a Living Will?Do you know what one is?
LIVING WILLS
ENDURING POWER OF ATTORNEY
When making a Will it’s worth thinking about making an Enduring Power of Attorney as well.ENDURING POWER OF ATTORNEYS
ORGAN DONATION
We can provide information and ensure your wishes are carried out.ORGAN DONATION
