What is Required to Make a Will Legal?

Your will lets you decide what happens to your money, property and possessions after your death. Unless it is a particularly complex case, you should not need to seek any legal advice when creating your will.

It is always worth making a will as the law will decide how your assets are divided up if you die without one. It is important to make sure that when you write a will, it is legally binding. A will from Confidence Wills will offer enough legal protection to ensure that your estate is broken up in a manner you desire.

What Should Your Will Say?

Any will should set out the following:

  • Who you want to benefit from your will
  • Who should look after any children under 18
  • Who is going to sort out your estate and carry out your wishes after your death (the executor of the will)
  • What happens if the people you want to benefit from your will die before you (a wipeout clause)

 

Keeping Your Will Safe

Whilst there are no legal requirements to file your will, it is strongly advised that you register and store your will. This means that the will cannot be lost or tampered with once it has been signed. You should, of course, tell your executor where the will can be found, alternatively, a close friend or relative should be aware of its location.

Making Sure That Your Will is Legally Valid

A will is legally binding as long as the following conditions are met.

  • The person making the will must be 18 or over
  • It must be made voluntarily
  • The person making the will must be of sound mind
  • The will has to be made in writing
  • It has to be signed in the presence of 2 witnesses who are both over 18 years old and neither they, nor their married partners should benefit from the will
  • The 2 witnesses must sign the will in your presence

If any changes are made to your will, you must follow the same signing and witnessing process. Usually it is easier to make a fresh will and destroy the original copy.

Need to know more information about the will writing process? Contact us now to find out more