Making sure your Will is valid

by | Aug 24, 2021 | Wills

Valid WillThere are many good reasons for making a Will. Next step is deciding whether to draft your own DIY Will or seek professional Legal advice.

Whist there are currently many different options available to you in the High Street and online it is vitally important that once you have decided you ensure your Will is valid and satisfies the requirements laid out in The Wills Act 1837.

These are a set of rules to protect you against fraud and coercion.

Firstly, your Will must be in writing and executed correctly. That is signed by you the testator and witnessed by 2 people, and they must also sign your will in front of you after you have signed.

Care must be taken as if your wife/husband acts as a witness to your Will then they cannot benefit from your Will.

Also, a beneficiary or their wife or husband cannot act as a witness to your Will, or they can no longer inherit from your Will.

You must be of sound mind and have full mental capacity and fully understand how important the document is.

This may be of particular importance if you are elderly as there are safeguards you can put in place to help protect your estate from a future claim.

You must not be acting under duress and must be making your Will voluntarily and not be pressurised into making your Will by anyone else.

If you are unsure if you will is valid, you should seek appropriate professional advice.

DISCLAIMER

The information provided is of a general nature. It is not a substitute for specific advice in your own circumstances. You are recommended to obtain specific professional advice from an appropriate professional before you take any action or refrain from action. Whilst we endeavour to use reasonable efforts to furnish accurate, complete, reliable, error free and up-to-date information, we do not warrant that it is such. We and our associates disclaim all warranties. The information can only provide an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed legislation or seeking professional advice.

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