How do I write a valid Will?

Posted on 29 March 2017 in Tax, Trusts & Succession

There are certain legal stipulations that apply when making a Will and these need to be adhered to for your Will to be valid under UK law:

You need to be 18 or over
You write it as an act of free will
You are of sound mind
Your Will is made in writing
It is signed in the presence of 2 witnesses who are both over 18
The 2 witnesses are in your presence when they sign it

It is to be noted that your two witnesses cannot be beneficiaries of your Will and neither can their married partners.

Information your Will should contain:

The name(s) of people or organizations that you wish to benefit
The person(s) you wish to take care of your children (if they are under the age of 18 when you die)
The name of your executor - they will be responsible for carrying out your wishes in relation to your estate
How your wishes may change if your beneficiaries die before you

The law relating to the interpretation and application of Wills is complex. To ensure that your Will records your wishes effectively and operates in the way you intend you should seek assistance from a professional trained in the preparation of Wills.

The Society of Trust and Estate Practitioners (STEP) is the global professional association for practitioners who specialize in family inheritance and succession planning. Why not use a STEP member to help you with your Will? The membership list can be found here: http://www.step.org/member-directory.

How to keep your Will safe:

Assign a solicitor to take care of it
Ask your bank to hold your Will
Find a company that offers the storage of wills

Informing people about your Will:

You will need to tell your executor that you have made a Will. You may also want to tell close friends or relatives where your Will is kept.

Possible complications to consider:

You are living with someone who isn't your husband, wife, or civil partner
You would like your Will to benefit a dependent who can't care for themselves
People who may make a claim on your will
Having a permanent residence outside the UK
Owning property overseas
Owning your own business

It is advisable to seek legal advice concerning these complications.

Reasons you may wish to update your Will:

Marriage or divorce
Adoption or new grandchild
Your children have reached adulthood
The circumstances of your beneficiaries, executor, guardians, or trustees have changed
Somebody named in your Will dies
Your financial situation has significantly changed
You have decided to make provisions in your Will for a charity or non-profit organisation
There has been a change in tax laws in the UK
You have moved out of the country
It has been three years or more since you have reviewed your will

How we can help

For further advice and information about making your Will contact our experts on 01392 207020 or email enquiries@tozers.co.uk

Contact our legal experts

Gráinne Staunton

Posted by
Gráinne Staunton
Partner & Solicitor / Head of Private Wealth

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"I am very impressed with the very efficient and professional service I have received from Mr Graeme Manfield over many years dealing with a family trust. Graeme is efficient and professional and he is a great ambassador for Tozers, Exeter. Thank you."

Richard

"My mother's estate was efficiently dealt with by Naomi who was helpful and very approachable. Any questions were dealt with in good time and without difficulty. The process has been professional and inspired confidence, without being impersonal. Professionalism with a human face!"

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"Matt and the team were approachable and helpful in helping me draft my will, ensuring I had thought of everything that needed to be included and that it was tailored to my needs. Responded to my questions quickly and it was a smooth process."

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How do I write a valid Will?

How we can help

Recent cases

Wills and Succession Advice

Inheritance Tax & Succession Advice

High-value estate Administration

Multi-jurisdiction Estate Administration

Estate Administration

Significant Inheritance Tax Savings

Agricultural Property Relief

Business Property Relief

Unpicked Complex Trust Provisions

Estate Administration and Tax Structuring

What our clients say

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