How to Ensure a Will is Legally Binding

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Drafting a will is one of the most significant legal decisions you will make. It ensures that your assets are distributed according to your wishes after your death.

Under the law of England and Wales, there are specific rules that make a will legally binding. Failure to adhere to these rules can lead to your will being declared invalid, potentially causing unnecessary distress and financial strain on your loved ones. Here’s how you can make sure your will is legally binding.

Put it in Writing

First and foremost, your will needs to be in writing. It can be typed or handwritten. However, if it’s handwritten, ensure it’s clear and legible to avoid any misinterpretations. Any will drafted using the Plan This Way service comes with clear instructions on printing, signing, witnessing, and storing of the final will.

You Must be of Sound Mind

In legal terms, this is known as “testamentary capacity”. It means you must be mentally competent when you draft your will, understanding the nature of your actions, the extent of your possessions, and the implications of your decisions.

Witnessing & Signature

Your Signature: You must sign your will at the end. By doing so, you are confirming that the will’s contents reflect your wishes. If you’re physically incapable of signing, you can ask someone else to do it on your behalf in your presence.

Witnesses: You need two independent witnesses present at the time of signing. These witnesses must watch you sign the will. After you’ve signed, each witness should then sign the will in your presence.

It’s essential to note that beneficiaries or their spouses/civil partners should not act as witnesses. If they do, they might lose their right to the inheritance.

Specific & Clear Instructions

To avoid any ambiguity, it’s essential to be specific about who inherits what. Clearly state the full names of beneficiaries and provide a detailed description of assets.

Appoint an Executor

The executor is responsible for executing the terms of your will after your death. It can be a trusted friend, family member, or a professional like a solicitor. Ensure you gain their consent before naming them in your will.

Consider the Rules of Intestacy

If any part of your will is not legally valid or if you don’t specify a beneficiary for an asset, that part of your will might be determined by the rules of intestacy. Familiarising yourself with these rules can help you ensure your will covers all assets.

Seek Legal Advice

If your circumstances are complicated, its best to seek legal advice before drafting a will. This might include owning property abroad, owning a business, or if you have children from different relationships.

Regularly Review Your Will

Over time, your circumstances might change due to marriage, divorce, the birth of children or grandchildren, or the death of beneficiaries. Regularly reviewing and updating your will ensure it remains valid and reflects your current wishes. At Plan This Way, we provide an update service enabling unlimited updates to a drafted will.

Store Your Will Safely

Once drafted, keep your will in a safe place, like with a solicitor or a dedicated will storage facility. Inform your executor about its location.

Having a legally binding will in place is not just a document detailing asset distribution; it’s a gesture of care towards your loved ones, ensuring they face minimal hurdles during an already challenging time. By following the guidelines mentioned above and potentially seeking professional advice, you can ensure that your final wishes are respected and executed as intended.

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