REQUIREMENTS FOR MAKING A VALID LEGAL WILL
England, Wales & Northern Ireland ("UK")

Capacity to make a UK Will.

In order for a Will to be valid it must be made by a person who has attained the age of eighteen years or over and is of sound mind. The courts will refuse to grant probate where it is not satisfied that the Will is the free act of the testator, as where there is undue influence. Where a person making a Will is suffering from a mental illness, the Will may be deemed to be valid if made during a period of lucidity and not invalidated by a subsequent relapse.

Requirements for signatures.

The UK Succession Act sets out the formal requirements for making a UK Will. For a UK Will to be upheld as valid it must be in writing, and in accordance with the following requirements in relation to the signature. The Will must be signed by the testator or by someone directed to do so on his behalf. Signatures may include marks, initials, a rubber stamp, a "nick-name", or a former name. The general test in relation to the admissibility of the Will is whether the testator intended the signature to execute the Will. The Testator must sign his or her name at the foot of the Will. The United Kingdom (UK) law will not give effect to any dispositions made after the signature.

The testator's signature must be made in the presence of two witnesses both present at the same time with the testator, and the witnesses will then be required to sign the Will in the presence of the testator. The witnesses do not have to be present when the testator signs the Will provided they are present when the testator acknowledges the signature.

Revocation of UK Wills.

A testator may revoke a UK Will in several ways.

(1) A Will may be revoked by a later Will or codicil.

(2) A Will may be revoked by destroying it or by the testator directing another to destroy it in his presence. The writing of the word "revoked" on the Will is insufficient to legally revoke the Will.

(3) A Will made in the UK is revoked by marriage unless it is made in contemplation of marriage.

Gifts to witnesses.

In general any gift made to those who witness a Will is void. Should you wish to give a gift to a witness you should make provision for this gift in a codicil signed by witnesses other than those you wish to benefit.

Intestacy rights of a spouse.

In the U.K., where the testator has failed to make a Will the rules of intestacy dictate the distribution of your estate.
Where you die leaving a spouse with children, your spouse will have a prior right to appropriate the family home and contents plus the first 125,000 of your estate plus 6% interest on half of any surplus. Your children, in turn, will have a right to half of any excess over £125,000 plus the other half of the excess when your spouse has died.

Where you die leaving a spouse with no children, your spouse will have a prior right to appropriate the family home and contents plus the first 200,000 of your estate plus half of any surplus over £200,000.

This information is based on our understanding of current law which may be subject to change in the future. The information in this website does not constitute legal advice. You should obtain the advice of a professional advisor before relying on any information contained in this website.

     UK Wills: STG£17.95