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If you do not have a Will your assets may not go where you want them to, this can cause difficulties for those you care about most. Please get in touch to speak to one of our consultants and discuss all of the services and choices available to you as Will Writing is just one option that may be of benefit you.
To be valid the Will must comply with the formal requirements of the Wills Act 1837 as substituted by the Administration of Justice Act 1982.
There are certain people who should not be witnesses i.e. people who are drunk or of an unsound mind. Also, the witness must be over the age of 18 and not related to either the Testator or Testrix or be a beneficiary of the Will. We recommend that the witness is not a spouse or partner to anyone who is due to inherit.
Valid Will checklist:
✓ It is in writing, and signed by the Testator
✓ It appears that the Testator intended his signature to give effect to the Will
✓ The signature is made or acknowledged by the Testator in the presence of two or more witnesses present at the time
A Will is a legal document by which a person (the Testator) appoints people or organisations (Executors) that are trusted to administer the Testator’s net assets (the Estate) after the person’s death. It also directs the way the Estate is to be distributed to the Beneficiaries that are specified.
In addition to the management and distribution of the deceased's Estate, a Will can illustrate who is to be the guardian(s) of the deceased's children. It can also direct how the deceased's funeral arrangements are to be conducted.
Ensuring that your Will is in place is especially important if you own a property, are married, have a long-term partner or have entered into a civil partnership. A Will is equally as important if you have children or other dependents, or if you wish to leave something to someone who is not a close family member.
It is commonly believed that when we decease everything passes to your surviving spouse and they Will inherit everything; there are rules under Intestacy Law which are strict on how your assets are divided if you should decease without a Will.
The rules are intended to be fair, but they may not suit you. For example, if your spouse or civil partner and children survive you, your assets Will be divided among them in fixed proportions that may not suit your family. Equally, the rules make no provision for a partner if you are not married or in a civil partnership, even if you have lived together for many years. When taking this into consideration, theoretically everyone should have a Will.
If you are married, in a civil partnership or a couple of any kind, then a Mirror Will may be more appropriate for you. Mirror Wills are very similiar to a Single Will, but the main difference being that a Mirror Will tends to express the same wishes as your partner (we like to think of it as a reflection of your significant others wishes).
Single Will – Any valid declaration of an individual's wishes to be performed following their decease.
Mirror Will - A valid declaration of a couple's wishes to be performed following their decease.
Your Will is important, our professional advice will ensure that your Will complies with all the legal requirements. Our professional service will also ensure your instructions are clear and will be followed after your decease.