Quizzes & Puzzles10 mins ago
writing a will
I am trying to find out about how to write a will do I need to write it on special form? or will a piece of paper do? if I need a special form where do I get one from? do I need a solicitor? witnesses?? can they be family?? that sort of thing i have no idea how to go about it at all any advice would be great thanks
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From your questions, you clearly don't know how to go about this. That means that, if you do it yourself, you could well unintentionally make mistakes which could make the will invalid or give it an intention different from what you want. Best to use a solicitor (most simple wills don't cost much), but if you do want to DIY then you can buy forms from stationers (W H Smith used to do them, and maybe still do) which should have instructions with them.
If your wishes are simple you can do a will yourself and it does not need special paper. You can buy will forms from newsagents but you do not need them.
The wording you use must make your wishes completely clear and you must sign the will in the presence of two witnesses and they must sign it in your presence. The witnesses must be two people who are NOT beneficiaries of the will or it will be invalid.
However, if there is property involved i.e. a house or flat etc you should get some good legal advice before you do a diy will. But wills are not expensive at solicitors nowadays so that may be your best bet in the long run, but I did a will for my mother in law a couple of years ago and it was accepted by all parties involved i.e. beneficiaries and banks etc.
The wording you use must make your wishes completely clear and you must sign the will in the presence of two witnesses and they must sign it in your presence. The witnesses must be two people who are NOT beneficiaries of the will or it will be invalid.
However, if there is property involved i.e. a house or flat etc you should get some good legal advice before you do a diy will. But wills are not expensive at solicitors nowadays so that may be your best bet in the long run, but I did a will for my mother in law a couple of years ago and it was accepted by all parties involved i.e. beneficiaries and banks etc.
I really would suggest that you use a solicitor. In many many years of being involved in probate, 90% of the wills with problems in their interpretation or execution were DIY wills.
Even a lack of a proper clause reciting how the will was executed (the signing) can cause problems which may mean further evidence about the execution is needed from the witnesses after your death. All this can cost time and money.
On a very small point in Lou Knee's answer, if a beneficiary (or his spouse) witnesses a will, it does not make the will invalid, but the beneficiary loses his benefit.
Even a lack of a proper clause reciting how the will was executed (the signing) can cause problems which may mean further evidence about the execution is needed from the witnesses after your death. All this can cost time and money.
On a very small point in Lou Knee's answer, if a beneficiary (or his spouse) witnesses a will, it does not make the will invalid, but the beneficiary loses his benefit.
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