How to Validate Your Will
There are many steps that go into writing a will, one of which is ensuring your will is valid. If your will is not valid, it could lead to an array of problems in the future, such as those in your will not receiving your estate.
How to ensure your will is valid:
There are 3 main factors that make a will valid:
1. It must be written by you and signed with your signature
2. When you’re signing the will, there must be at least two independent witness
3. You must have the mental capacity to write the will, understand what you are doing and the effects of the will
4. The will and signature on it must have been done voluntarily
Signing the Will
When you’re signing your will, this must be done in the company of two independent witnesses. These witnesses must also sign your will in your presence. Therefore, all three of you should be together, in the same room signing the will.
Those who will be in receipt of the will must not act as witnesses to the will as this will lead to the loss of their inheritance. Furthermore, recipients should not be in the room whilst the will is being signed.
How to go about writing a will if you have an illness or dementia
If you unable to sign the will, you may ask someone to sign it on your behalf. However, this must happen with you present in the room, with the will being signed at your direction. It is important to note that you must have the mental capacity to make the decision yourself, otherwise this will invalidate the will. Furthermore, the will must have a clause stating that you understood the contents of the will prior to you signing it.
Updating your will
Your will should be reviewed every 5 years subsequent to any substantial changes in your life. For example, the birth of a new family member such as a grandchild or the purchase of a new home.
You mustn’t ever make modifications on the original will. However, if there are minimal changes to be made, you may add a supplement – codicil. This tweak will then mean the will needs to be signed again – however, the witnesses may be different to the original ones.
Interested in learning how we can help you to prepare and execute all Will and probate requirements?
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