What Makes a Will Legal?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• Can I Challenge or Contest a Will?
• I Think a Will is Invalid. What Do I Do?
• What Are the Rules of Intestacy?
• How Should I Sign My Will?
• Can I Change My Will?
• How Can I Revoke a Will?

INTRODUCTION

Since your Will is the cornerstone of your estate plan, it must be legally valid to ensure your Estate is distributed according to your wishes after you pass away. The Will could be contested or deemed invalid if it does not meet the legal requirements. This could lead to disputes among Beneficiaries or the distribution of your Estate in a way you did not intend.

This article outlines the key criteria and essential safety guidelines for ensuring the legal validity of a Will.

THE SIX CRITERIA FOR A VALID WILL

For a Will to be declared legally valid, it must meet the following criteria:

• 18 Years: An individual must be 18 or over to write a Will (with exceptions for Armed Forces personnel).

• Sound Mind: The person writing the Will must be of sound mind, i.e., in good mental health. They should be completely aware of the document's contents, the value of the assets to be distributed, who the Beneficiaries are, and the consequences of writing a Will.

• Free Will: The decision to write a Will must be made freely, free from outside pressure or undue influence. The Testator must have complete control over how the Will is written and how their assets should be distributed.

• In Writing: The Will must be composed in writing, either typewritten or handwritten. In the case of handwritten documents, the text must be clearly legible throughout.

• Signature and Date: The Will must be signed and dated by the person making the Will (the Testator).

• Witnessing: The Will needs to be witnessed by two people with no financial or other interests in the Will. If a witness is a Beneficiary (or the married or civil partner of a Beneficiary), the Will remains valid, but they cannot inherit under the Will.

OTHER THINGS TO CONSIDER

• Be Careful With DIY Wills: If your Estate is not complex, you might be able to get away with a homemade Will or DIY Will, which you can usually buy at WH Smith or another stationary store. However, Squiggle urges caution with these types of Will since they can often be declared invalid as the potential for making mistakes is greater. In this case, there's a risk that your Estate might not be distributed as you wished, or you might end up with unwanted legal or tax bills. To err on the safe side, having your Will professionally written by a company like Squiggle is always advisable.

• Ensure Regular Updates: Because life is full of change and unexpected turns, you'll likely need to update your Will at some stage in your life. Squiggle recommends you update your Will when any major life event occurs, such as a birth, death, marriage, divorce, or change in your financial circumstances.

Need to know more?

If you have any questions about your Will or Estate, feel free to contact us for an initial free, no-obligation call, where we'll bring you through some options to secure peace of mind for you and your loved ones.

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.