What is a valid Will?

Creating a Will is a vital step in planning for the future, ensuring that your final wishes are respected – but what is a valid Will?  At Hunton & Garget , we understand that your Will reflects not just your assets, but your personal values and intentions.

To ensure your Will is legally valid and your wishes are honoured, it must meet specific requirements set out by law in England and Wales.

Key Requirements for a Valid Will

Written and Signed in the Presence of Two Witnesses

For a Will to be legally binding, it must be:

1. • In writing.
   • Signed by you, the testator (the individual making the Will), in the presence of two witnesses.
   • Witnesses must sign the Will in your presence.

It is important to note that witnesses and their spouses should not be beneficiaries in your Will. While having a witness who is also a beneficiary doesn’t invalidate the Will, they will not be able to inherit.

Dated, But Not Essential

Although it is good practice to date your Will, it remains valid even if undated.

Age Requirement

You must be at least 18 years old to create a Will. The only exception is for those in active military service, who may make a Will at a younger age.

Voluntary and Uncoerced

Your Will must be made voluntarily, without any undue influence. If it is suspected that you were pressured or coerced into making or changing your Will, it could be contested. Undue influence can include threats or coercion, even if not physical.

Signs of undue influence might include:

1. • Sudden, unexpected changes to your Will.
   • The Will benefiting individuals who were previously not mentioned.
   • Significant alterations from earlier expressed wishes.

Sound Mind

You must possess “testamentary capacity” to make a Will, which means understanding:

1. • The nature and effect of making a Will.
   • The extent of your assets.
   • The implications for beneficiaries and those excluded from the Will.

It’s crucial that you are able to make decisions independently and comprehend the consequences of your choices.

What if Your Will is Invalid?

If a Will is found to be invalid, the estate will be distributed according to the last valid Will or, if no valid Will exists, according to the Rules of Intestacy.

At Hunton & Garget, we’re here to guide you through every step of making a valid Will, ensuring your wishes are clearly outlined and legally upheld.  We can guide you through this process and offer free storage of your Will at our Richmond office. Our services and fees can be viewed here.

FAQs and Expert Advice

Looking for more insights about Wills and Probate? Visit our Wills and Probate FAQ page, where our Managing Partner, Lisa Potts, offers valuable advice and answers to common questions.