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What makes a valid Will

It is often the case that over the course of our relationship, we are one of a small number of people who have a real appreciation and in-depth understanding of the financial and tax affairs of our clients. This makes us well-placed and well-suited to offer a seamless service to support executors. We are licenced to provide probate services by the ICAEW.

Why Use Us?

  • We charge on time basis or fixed fee with no percentage charge.
  • Our fully qualified professionals are regulated by the ICAEW.
  • We are experts in tax planning, and can advise on how to minimise estate liability.
  • An alternative to a bank or a solicitor.
  • Use specialist will writers to ensure we include all your wishes.

What makes a valid Will

What makes a valid will?

Leaving a valid will in place means that after your death, your property and possessions will be distributed in accordance with your wishes when your estate is administered. It is one of the most important documents a person can sign.

For your will to be valid, you need to be aged over 18 (although there are some exceptions to this rule). You must make it voluntarily without pressure from anyone else. You must have what is referred to as ‘testamentary capacity’, that is the mental capacity required to understand the implications of making a will and the effect it will have. The document needs to be in writing, and although there is no legal requirement for it to be dated, it is considered good practice to do so as it prevents arguments about which will is the correct one, if you write a new will later on.

If you are unable to sign your will because of illness or incapacity, it can be signed on your behalf as long as you have mental capacity, and the will contains a modified ‘attestation clause’ that confirms that you understood the contents of the document before it was signed.

Witnesses

To be valid, your will must be signed and witnessed. Two adult witnesses will be required and each must sign. It is important to note that you must sign your will with both witnesses present at the same time.
Witnesses cannot benefit from the will; neither can their husbands, wives or civil partners. If you leave anything to a witness of your will, they won’t be entitled to receive it. It should not however invalidate the rest of the will.

An executor can witness the will, but if they do, they cannot then benefit under it.

Revisiting your will

If you already have a will, it is a good idea to review it from time to time, especially if your circumstances have changed; we can help ensure that its terms are still in accordance with your wishes and meet your requirements.

Key Contact

Key Contact

Jamie Morrison

Partner

T +44 (0)20 7874 7983

E Jamie Morrison

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