In the UK, failing to follow strict legal rules on proper execution stands as one of the most common reasons for successful Will challenges. Therefore, this guide aims to walk you through the process of making your Will legally binding, thus ensuring respect for your final wishes.
Why Proper Will Execution Matters
Executing your Will correctly is crucial for several reasons. First and foremost, it validates your Will, making it legally binding. Secondly, it prevents potential challenges to its validity. Additionally, proper execution ensures the carrying out of your wishes as intended, ultimately providing peace of mind for you and your beneficiaries. Conversely, improper execution can lead to courts declaring your Will invalid, potentially resulting in the distribution of your estate according to intestacy laws rather than your wishes.
Key Steps for Valid Will Execution
1. Put Your Will in Writing
Your Will must exist in written form. You can either handwrite it in ink (preferred) or type and print it. However, it’s important to avoid mixing ink and pencil in your Will, as this could suggest indecision and potentially open your Will to challenges. Similarly, we don’t recommend writing your Will in pencil because others can easily erase words or they may fade over time.
2. Sign Your Will
As the testator (the person making the Will), you must sign it yourself. Your signature can be your usual signature or any mark you intend as your signature. If a physical disability prevents you from signing, someone else can sign on your behalf, but only in your presence and at your direction.
3. Have Two Witnesses Present
When you sign your Will, two witnesses must be present. All three of you (you and your two witnesses) need to be in the same room, and the witnesses must clearly see you signing the Will. While the witnesses don’t need to know the contents of your Will, they should understand that they’re witnessing a Will.
When choosing witnesses, opt for independent individuals such as neighbors or colleagues. Importantly, beneficiaries (or their spouses/civil partners) should never serve as witnesses, as this could result in them losing their entitlement under the Will.
4. Ensure Witnesses Sign the Will
After you’ve signed, each witness must sign the Will and acknowledge their signature in your presence. Both witnesses must see you sign the Will. If one doesn’t, courts could consider the Will invalid.
5. Consider Mental Capacity
An often-overlooked aspect of Will execution involves ensuring the testator has the mental capacity to make a Will. This means you must understand the nature of making a Will and its effects, know the extent of your property and assets, and comprehend and appreciate the claims of those who might expect to benefit from your Will. If any doubt exists about your mental capacity, we advise getting a medical opinion to support your Will’s validity.
Common Mistakes to Avoid
When executing your Will, be sure to steer clear of these common pitfalls:
1. Having beneficiaries as witnesses
2. Not having both witnesses present simultaneously
3. Failing to sign the Will properly
4. Not updating your Will after major life changes
5. Storing your Will in an inaccessible location
After Execution: Storing Your Will
Once you’ve properly executed your Will, it’s crucial to store it safely. You can keep it in a fireproof safe at home, store it with your solicitor, or use a professional Will storage service. Most importantly, inform your executor(s) where you’ve stored your Will.
At A.D.E Wills, we offer Storage Plans and Legacy Care Plans to help make storing and updating your Will easier and more cost-effective. Feel free to reach out to us for more information on these services.
How A.D.E Wills Can Help
At A.D.E Wills, we’re here to guide you through the Will execution process. We include an attestation clause in our Wills, providing written proof of proper execution. Furthermore, we offer a comprehensive Execution Service, including witness provision and capacity assessment. Our team can also review your signed Will to ensure valid execution.
Don’t leave your final wishes to chance. Contact us today to ensure proper execution of your Will and protection of your legacy. Call us on 01865 507174 or email us at info@adewillls.co.uk to get started.
Conclusion
Properly executing your Will stands as a crucial step in ensuring respect and execution of your final wishes. By following the steps outlined in this guide and avoiding common pitfalls, you can significantly reduce the risk of challenges to your Will or courts declaring it invalid. Remember, while this guide provides a comprehensive overview, every situation is unique. For personalised advice tailored to your circumstances, don’t hesitate to reach out to a legal professional.
Disclaimer: This article provides general advice and information. For specific legal advice tailored to your situation, please consult with a qualified professional.
