What Is an Intention To Make a Will?

Sometimes you will hear that for a Will to be considered valid, a Testator must intend to make a Will.

Another way of putting this is "testamentary intent".

Most Wills will begin with a solid opening statement explicitly expressing this testamentary intent. If you look at the first few words of the document, it will typically express the Testator's intention to make a Will and revoke any former Wills.

However, not all Wills will have this clear opening statement. In the case of any doubt, subsequent investigations may arise to ascertain whether testamentary intent we present when the Will was created.

Here's the one crucial thing to remember: testamentary intent is not just about creating the Will. The Testator must also INTEND that the Will serves its legal purpose. In other words, the document is designed to distribute the Testator's property upon their death under the terms expressly laid out in the Will.

In addition to testamentary intent, certain other conditions must be met. These are clarified in greater detail in other related articles. But for context, the Testator must demonstrate sound mental capacity and understand both the purpose and implications of writing a Will and the assets that will be distributed post-death. In addition, the Will must be properly signed and witnessed. 

Need to know more or you’d like to discuss your options?

Simply book a callback.

Alternatively, call us on 01233 659 796.

Or use this contact form to reach out to us.