legal law will

Making sure your Will is legal

To be able to create a Will, you must be over the age of 18 and have the necessary mental capacity.

If you have limited eye sight, are registered blind, disabled, unable to sign or hard of hearing you can still make a Will. Our Consultants can offer guidance on how to create a valid Will.

Instructions for a Will can only come from the person creating the Will; it must be your choice to create a Will and your instructions should reflect your wishes. Our consultants will not accept instructions from a third party, nor will they accept instructions when they believe there is coercion.

A Will should be in writing to be deemed legal and valid. Furthermore, it must be signed in the presence of two witnesses. The two witnesses must then also sign the Will in order for it to be valid. For more guidance on how to correctly attest your Will, please do not hesitate to contact us.

It is important that rules are followed when creating a Will; HM Courts and Tribunals Services (HMCTS), the Government Department that issues Grants of Probate, have stringent checking procedures regarding the attestation of Wills. An incorrectly attested Will may excite the suspicion of HMCTS. This could delay the Grant of Probate application and therefore, the whole of the estate administration process.

It is also important not to write on your Will, including any amendments you wish to make. A written note to add or remove a beneficiary or executor may cause part or all of your Will to be rejected by the Probate Court. In such cases some or all of your estate may be distributed via the laws of intestacy. Furthermore, if a page is or pages are either attached to or detached from your Will, then this may also excite suspicion and may lead to problems during estate administration. Should you wish to amend your existing Will, please do not hesitate to contact us.

We offer a free Will checking service for existing clients. All you need to do is send your Will to us – we recommend that you use Royal Mail Special Delivery.

If you would like to meet with one of our Consultants to discuss any of the issues raised here or any other Estate Planning topics please telephone 01732 868190 or click here.

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