There are situations in which you may require a will to be drafted very rapidly. This is often referred to as an Emergency Will. Wills are always snapshots of time. This is why it is crucial to update your will on a reasonably regular basis, especially if you have had a change in circumstances, such as buying or selling your home or becoming a parent or grandparent. If you do not have a will and you pass away, your estate will be distributed according to the laws of intestacy. This probably won’t be to your liking.
Our Private Client team will be able to take your instructions and produce a will that is ready for signing and witnessing in the event that you are hospitalised or travelling on vacation and require a will urgently.
It is important to note that this will may not provide adequate time for tax planning or advice. Consequently, it should be regarded as an interim will. If a will is being drafted on one’s deathbed, consideration should be given to the possibility that it will be challenged. We will explain to you the potential hazards associated with excluding individuals who may be deemed entitled from your will and in this article, Emergency Wills, we take a look at these issues in more depth.
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Free initial telephone discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of wills and probate. Once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What are the requirements to ensure a will is valid?
To be legally valid, a will must satisfy the following conditions:
- Be made by a legal-age adult;
- Be made voluntarily and without any form of coercion or force;
- Originate from a person of sound mind – the individual signing the will must have complete knowledge of the document, the assets at stake, and the potential beneficiaries;
- Be in writing;
- Be signed by the testator in the presence of two witnesses; and
- Be signed by two witnesses in the presence of the testator, after the testator has signed the document.
A will cannot benefit a witness or the witness’s spouse. Even if one of the witnesses is a beneficiary (or the spouse or civil partner of a beneficiary), the will is still valid, but the witness cannot inherit under its provisions.
Even if a will is valid under the law regardless of whether it is dated, it is prudent to include the date it was executed.
Is there a standard form for a will?
A will could theoretically be written on the back of an envelope. However, because it has legal significance and is a legally binding document, it must be written in a particular manner. As indicated previously, the document must be signed, attested to, and dated by two adults. These individuals may serve as witnesses, but they cannot inherit or otherwise benefit from your estate plan.
Executors are the individuals you name in your will to gather and distribute your assets. This is the legal term for this procedure. The executor may also be a beneficiary if they are not also witnesses. Wills can be as simple as a few sentences or as complex as an entire novel. If you want your will to be valid in court, you must follow a specific procedure. Without legal counsel, your will runs the risk of being declared invalid or contested. A “will” in this circumstance would be useless.
How we can help
We have a proven track record of advising upon all aspects of private client work and can respond quickly if a will is required in an emergency. We will guide you through the process and ensure all checks are carried out swiftly and efficiently. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to contact our Private Client solicitors
It is important for you to be well informed about the issues and possible implications of writing an Emergency Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your situation.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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