Why You Need a Legally Valid Will

A valid will makes sure your estate passes to the people you choose, and reduces the risk of disputes and complications for your family. Without one, your estate passes under the intestacy rules, which may not reflect your intentions.

We advise on making a will that is valid, clearly drafted and suited to your circumstances.

What Is a Legally Valid Will?

A will sets out how your estate should be distributed after your death. In England and Wales, a will is valid only if:

• It is made by a person aged 18 or over, who has the mental capacity to make it and does so freely.
• It is in writing and signed by the person making it (the testator), who intends the signature to give effect to the will.
• It is signed, or the signature acknowledged, in the presence of two witnesses who are present at the same time.
• Each witness then signs the will in the testator's presence.

A witness, or the spouse or civil partner of a witness, should not be a beneficiary. The will remains valid, but their gift will usually fail.

What Happens If You Die Without a Will?

If you die without a will (intestate), your estate passes under the intestacy rules. This can mean:

• Your spouse or civil partner may not receive the whole estate.
• Unmarried partners and stepchildren have no automatic right to inherit.
• The administration of your estate may take longer.
• Opportunities to plan for inheritance tax may be lost.
• If no guardian has been appointed, the court may need to decide who cares for your children.
• Disagreements within the family are more likely.

A will allows you to decide these matters yourself.

Key Reasons to Make a Will

A will allows you to:

• Provide for Your Family: Specify exactly who should inherit your assets.
• Appoint Guardians for Minor Children: Choose who would care for your children.
• Reduce the Risk of Disputes: Clear wording leaves less room for confusion or challenge.
• Plan for Inheritance Tax: Proper planning can reduce the tax payable.
• Protect an Unmarried Partner: Unmarried partners have no automatic right to inherit.

How to Ensure Your Will is Legally Valid

To make sure your will is legally valid, follow these key steps:

1. Seek Professional Advice: A solicitor can help draft a will that complies with legal requirements.
2. Sign in the Presence of Witnesses: Your will must be signed and witnessed correctly.
3. Keep Your Will Updated: Life changes such as marriage, divorce, or new children may require updates.
4. Store Your Will Securely: Ensure your executors know where to find the original document.

We can draft, review and update your will.

Who Should Make a Will?

Everyone over 18 should consider making a will, but it is especially important for:

• Homeowners and property investors.
• Parents with minor children.
• Unmarried couples.
• Individuals with complex family situations.
• Business owners who need succession planning.

Cost of Making a Will

The fee for a will depends on what it needs to do. A single will, or mirror wills for a couple, will usually cost less than a will containing trusts or inheritance tax planning. We confirm the fee in writing before any work begins.

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