Make sure your will is properly executed
When you are making a will, one of the most important things to consider is whether it has been properly executed. This will determine whether it is valid or not.
Tips to ensure your will is properly executed
For a will to be properly executed it must:
- Be in writing and signed by the person making it (or on their behalf, in their presence and by their direction);
- The signature must be intended to give effect to the will;
- The signature must be made in the presence of two witnesses who are both present at the time the signature is made;
- The two witnesses’ must both sign the will in the presence of the person making it and, to avoid any unnecessary risk, in each other’s presence.
What happens if you can't sign your will?
Where possible, the person making the will should sign it using their usual, everyday signature. However, if this is not possible, any “mark” made will be enough so long as that is intended to be their signature. A mark made by a rubber stamp with the will maker’s name on it and a set of initials are examples of marks that have been held to be valid signatures. In these situations it is always advisable for one of the two witnesses referred to above to be a legal professional.
Does your will have an "attestation clause"?
It is also important that the will includes what is known as an “attestation clause”. This is a carefully worded clause which, together with meeting the criteria above, is likely to remove any doubt about whether or not a will has been properly executed. This will need to be drafted to suit the individual circumstances in which the will was executed. The wording of this clause would differ for example in the case of a blind or an illiterate individual.
What happens if a will is not valid?
Executing a will may, on the face of it, appear to be relatively simply but it is common for a will to be refused for reasons that are easily avoided. It is for reasons such as these that we strongly recommend that you should seek legal advice when making a will. Doing so will ensure that frustrating and time consuming difficulties are avoided for your loved ones at a later time.
Our experienced Wills and Probate team will ensure that your will is made in accordance with all of the appropriate legal requirements which will protect its validity. Contact us today for more information on 0113 320 5000
Evening appointments are available on Wednesdays 5.30pm until 7.30pm so you have time to make your will or LPA. Booking essential!
Read more frequently asked questions about wills
