Ensuring your Last Will & Testament is legally valid

Writing a Will is a minefield if you do not get the right advice and make sure when you make a Will that the correct procedure has been followed in order to prevent your Will from being challenged or deemed unlawful.

It can have significant implications for the distribution of your assets after your death, and the tax treatment of your estate. Occasionally, however, simply making a Will is not enough. It is not unheard of for a Will to be challenged, especially when the estate is of a high value or family circumstances lead to a conflict between beneficiaries.

As such, it is vitally important that your Will stands up to legal scrutiny. Many people make a cheap Will using a DIY kit at home, but this can lead to all manner of problems, therefore it is advisable to use a solicitor, Will drafter or an internet Will site which is often cheaper but has had legal approval from a firm of solicitors.

Speak to a solicitor

Some people begin the Will making process by considering making a Will themselves . This is a perfectly reasonable course of action as for some making a Will is relatively simple enough, consisting solely of minimal instructions to executors to complete a basic Will. You can also make a Will online and as long as the site is supported by a solicitor or legal advisor who specializes in advising on Will writing that can be a fast, legally valid cheaper Will writing option. However, in more complex cases it will be necessary to seek proper legal advice. This is particularly true if you are establishing a trust, or if your personal affairs are particularly complex. The golden rule is “if in doubt “ then you should seek professional advice from a solicitor specializing in Wills and probate.

Confirm who your executors will be

You should always check with your chosen executors before naming them in your Will. Executors may be obliged to shoulder a significant burden, and you should clarify the nature of their role with them before completing the document. Furthermore, if you outlive your executors it is vital that you amend your Will accordingly.

If any of the circumstances below occur you should consider altering or re-writing your Will

• The death of a spouse or close family member
• Death of an executor
• Divorce or separation
• Marriage or remarriage
• Birth of children
• Moving house
• Starting a new business
• Receipt of a windfall or inheritance from a relative
• Serious illness
• Redundancy
• Retirement

After particularly significant events, such as the death of a spouse or civil partner, divorce or indeed marriage you may wish to re-write your entire Will. Sometimes as in the case or marriage or a civil partnership, you and your partner may decide to make a joint or mirror Will. At the beginning of every Will is a sentence outlining the fact that the Will you are about to complete revokes all previous such documents and that these previous Wills are no longer valid or of legal relevance and cannot be used in disbursement of your estate.

Always let your executors know if you have changed your Will and where the new Will is stored.

What if I need to set up a trust

Trusts are a very useful legal device, particularly for those who wish to provide for long term care for a family member etc. However, it is important that the document is properly constructed in order that the trusts are valid. You should make sure that you have permission from your chosen trustees before naming them in your Will or any other document establishing a trust. This is specialist advice and it is advisable to speak to a solicitor on the best way of how to make a Will.

Make sure your Will is signed and witnessed properly

If your Will is not signed and witnessed appropriately, then this could lead to the Will writing process being questioned and the Will being deemed unlawful. When you make a Will, it will have to be signed and witnessed by two independent people, i.e. those who are not beneficiaries of the Will. All the witnesses must sign in each others presence together with the person making a Will. Therefore care should be taken to ensure this process is adhered to when making the all important Last Will and Testament.

Storing the Will

Make sure that you keep copies safe; You can store with your solicitor or with a bank for safe keeping. Ensure that all relevant parties (particularly the executors) are aware of its existence and know where to find it. Writing a Will should not be too strenuous a task unless your affairs are unusually complex. Giving consideration to these simple tips should help ensure that your Will is effective, and that your dependents receive the benefits you have intended.