It really is advisable for every adult to have a Will. Sometimes, people find themselves in the position where they have simply forgotten to write one or do have a Will and it hasn’t been updated for quite some time. It should be remembered that a Will can be looked upon as a snapshot capturing a moment in time and as people’s circumstances change regularly, a Will should reflect this. It is totally up to you if and when you draft a Will, but you should be aware of the consequences of not having one. Certain laws, known as the “Rules of Intestacy,” apply to your estate if you do not have a Will in place by the time you pass away. These rules may prevent anyone from inheriting from your estate who you might have otherwise chosen. If you find yourself in the position whereby you need to make a Will in hospital, have an emergency Will written at short notice, or need to make a Will during times of crisis, we can help. In this article, Making A Will In Hospital, will, we take a look at these issues in more depth.
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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, and 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 also 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 for making a Will?
For a Will to be legally valid, it must satisfy the following requirements:
- Be made by an adult of legal age
- Be made voluntarily and not under any form of duress or coercion
- Created by someone who is of sound mind. The individual signing the Will must be fully aware of the document being written or signed, the property at stake, and the potential heirs.
- In writing
- Signed by the person making the will in the presence of two witnesses and
- Signed by the two witnesses, in the presence of the person making the will, after it has been signed.
A Will cannot benefit a witness or a spouse of a witness. The Will is nonetheless lawful even if one of the witnesses is a beneficiary (or the spouse or civil partner of a beneficiary), but the witness cannot inherit under the terms of the Will.
Even if a Will is legitimate under the law whether or not it is dated, it is prudent to mention the date it was signed.
Is there a standard form for a Will?
In theory, a Will can be written on a scrap of paper. However, because it has legal weight and is a binding document, it must be written in a certain way. As stated above, two adults must sign, attest to, and date the document. These individuals can serve as witnesses, but they cannot inherit anything or receive any other benefits from your estate plan.
Executors are the people you appoint in your Will to collect and distribute your assets. Probate refers to this legal procedure. If the executor is not also a witness, they can also be a beneficiary. Wills can be as straightforward as a few sentences or as complicated as a novel. If you want your Will to be binding in court, you need to follow a certain method. In the absence of legal advice, your Will runs the risk of being deemed null and void or contested. A “Will” in such a situation would be pointless.
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 and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Deciding when (or whether) to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a 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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