To make a will valid:
it must be written that is signed by you and witnessed by at least two other people.
You must possess the mental ability to formulate the decision and comprehend the impact it has
You must have chosen the decision voluntarily and without any pressure by anyone.
The first line of your will should say that it cancels all previous wills. If you’ve had an older will, it is best to erase it.
Witnessing and signing the will
It is essential to sign your will before two witnesses who also be present to sign the will in your presence. So, the three witnesses must be present when they sign. If you sign your will incorrectly it will not be valid.
The beneficiaries of the will and spouses or civil partners are not allowed to serve as witnesses, or lose their rights to inherit. Beneficiaries shouldn’t be present in the room where the will is executed. It is also not recommended to ask the executor to serve as witness.
Due to the outbreak of coronavirus The coronavirus pandemic has led to changes to the regulations regarding witnessing the wills. This allows for different ways of witnesses to be physically present in the same room at the time of signing the will.
Now you can legally witness the signing of a will:
through a window or the open doorway of a building or vehicle
from a corridor or an adjacent space into a room, with the door wide
outdoors for just a few feet like in the garden
via video calls.
A will is necessary when you suffer from an illness or are suffering from dementia.
If you aren’t able to be the one to sign the will it may be made on your behalf provided that you’re present and the will is signed in your instructions. You must however have the mental capacity required to sign the will, or else the will is not valid. A will that you sign by you must contain an affirmation that you have understood the intent of the will prior to when the will was executed.
If you are suffering from an illness that is severe or have been diagnosed with dementia, making a will is still possible, however you must be able to ensure that it is legal. Your solicitor must be sure that this is the case and you might require a medical professionals signature at the time that the will is executed, which certify that you are aware of the terms you’re signing.
It is recommended to review your will every five years, and also after any major change to your life like the birth of a grandchild or the move of your home. Don’t make any modifications to the original will.
If you’re making a minor modification in your will it is possible to add a supplement called codicil. It must be signed by a witness in exactly the exact manner as the will however, the witnesses do not have to be identical to the original witnesses.
If something significant has to be changed then you should draft your will new and delete the old one.
Do I need to change my mind if I am divorced or remarried?
If you are married, remarried or form the civil partnership, it annuls the previous will. Divorce does not automatically render a will ineffective if it was made during the marriage, however it does disqualify your spouse as well as your civil partner from gaining benefits in the event that they’re mentioned as beneficiaries in your will. Create a new will when you separate, marry or divorce.
If you do not make your will, you’ll die “intestate” and your property may not go to the beneficiaries you would like. There are rules specific to the way your estate is distributed . These are referred to as intestacy rules.
If you have an adult spouse or civil partner with children the family member or spouse will get everything you own and at minimum, the first PS250,000 of your estate, and half of the remainder. The children are entitled to the remaining half of the remaining balance.
If you are married to an ex-spouse or civil partner but you don’t have children, your civil partner or spouse will be the sole beneficiary of your estate, including all of your personal items.
In the event that you and your spouse aren’t married or part of an civil partnership and don’t have a will in place and they don’t have a right to inherit your estate. This is true even if you’ve lived with your partner for a long period of time or have children.
If your children are born and you partner or spouse has passed away, the kids will be the inheritors of everything shared equally between them.
If you don’t have a spouse or children, siblings, parents, siblings as well as nieces and nephews can be the beneficiaries of your estate.
