Why should you write your will?

Why should you write your will?

A wil is a signed and witnessed document which states your wishes after you die. Your will becomes legally binding on your Estate upon your death.  


 The person making the will must have mental capacity (Testamentary Capacity). The will must be signed first and then witnessed by two witnesses all present at the same time. The persons who receive under the will are called (Beneficiaries). A beneficiary cannot also be a witness- if they do then the bequest is invalid.

The   Testator must also be aware of their legal right to spouses, civil partners and children. Any failure to take these into account may result in a challenge to the will.

The will may be written many decades before the Testator dies, therefore care must be taken to properly deal with the assets. Of course if someone's circumstances change due to a change in their wealth or their family ciccumstances they should review their will. All wills have a clause which revokes (cancels) their prior wills. Therefore it is very simple to change an earlier will by simply writing a new will which revokes the prior will and sets new instructions in place. There is no limit to the no of times a person can revoke their will. 


The strict rules governing the creation of a will may be relaxed if the circumstances in which the will is made warrant. It is also  possible to change or add to a will and this was more common in the past when wills were produced on hand typewriters. The rules for amending or adding to a will are a repeat of the first execution of the will but different witnesses may be used. Usually people make a new will rather than add or amend an older version.

If the Original will is destroyed there is a presumtion that the deceased revoked the will prior to death. However if the circumstances warrant a copy of the original will showing that it was signed may still be possible to prove the copy.

Probate-Testate (where there is a will)

This is formal application to the High Court Probate Division for the appointment of Legal Personal Representative (s) (Executor (s))of a  deceased who has executed a valid will.

Probate-Intestate (where there is no will)

This is the formal application to the High Court Probate Division for the  Appointment of a Legal Personal Representative (Executor) to Estate of a deceased who has not executed a valid will