Ensure your Will is validly written and executed
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The law sets out how Wills should be written and executed, i.e. signed and
witnessed, in order for a Will to be valid. Wills also need to be carefully
drafted and written so that they properly reflect the wishes of the person
making the Will and that there can be no doubt about the validity of the Will.
Challenges to a Will later can be very costly and cause additional distress to
loved ones already trying to adjust to bereavement. Some of the requirements for
how a Will is executed include:-
- The person making the Will must read and understand it;
- Two witnesses must witness the signature of the person making the Will;
- When the Will is ready to sign, it needs to be dated and signed by the
person making the Will with their usual signature;
- Witnesses do not need to read the Will;
- Witnesses need only watch the person making the Will sign it;
- When the person making the Will has signed in the presence of the
witnesses, the witnesses must also sign and complete the required details.
Witnesses must be adults, i.e. over the age of 18. Witnesses should not be
related to the person making the Will, be mentioned in the Will or be married to
such people.
Lawson-West recommend you sign your Will at our offices when you make a Will
with us and we can provide valid witnesses so there is no requirement for you to
find your own witnesses for your Will.
If a Will is not properly written and executed, this can result in the Will
being challenged and declared invalid. This could mean that instead of an estate
being distributed according to the wishes of the person making the Will, the
estate could be subject to the rules of Intestacy. This means the estate will be
treated as if the person making the Will had died without a Will and may not be
distributed according to the deceased’s wishes.
About the Author
Lawson-West specialise in commercial, business and employment law. Our
team of dedicated commercial solicitors can help with buying or selling a
business, business law and disputes, landlord and tenant issues and commercial
property. Our expert employment team can offer practical advice and guidance on
all aspects of employment law including redundancy, compromise agreements and
dismissal procedures. Visit
www.lawson-west.co.uk for more information.
