The legal requirements
For non-Muslims, wills are governed by the Wills Act 1959. A will is generally valid when:
- you are 18 or older,
- you are of sound mind and understand what you are signing,
- it is in writing,
- you sign it at the end, or someone signs for you in your presence and at your direction,
- two witnesses are present at the same time when you sign, and they both sign in your presence.
Choosing your witnesses
A witness should be an adult who is not a beneficiary and not the spouse of a beneficiary. If a beneficiary or their spouse witnesses the will, the will can still be valid, but the gift to that beneficiary may fail. Colleagues, neighbours or your will writer’s staff are common choices.
What to include in your will
- Your details and a statement revoking earlier wills
- Executor(s): one or two people, or a trust company, plus a backup
- Guardian for children under 18
- Specific gifts, such as a property or a sum of money to a named person
- Residuary estate: who receives everything not specifically mentioned
- Trust instructions if assets should be held for young beneficiaries
How much does a will cost?
Costs vary by provider and how complex your estate is. A simple will costs less than one with trusts, multiple properties or business interests. Professional will writers such as Rockwills offer packages that can include custody of the original will and executor or trustee services. Ask for a clear breakdown before you start.
A DIY will costs little, but mistakes in wording or witnessing can make all or part of it fail, which costs your family far more later.
Common mistakes
- Having a beneficiary act as a witness
- Not updating the will after marriage, which generally revokes an earlier will under the Wills Act 1959
- Naming only one executor with no backup
- Forgetting a residuary clause, so some assets are left out
- Keeping the only original where no one can find it
- Assuming the will covers insurance that already has a nomination, which is paid separately
After the will is signed
Tell your executor that a will exists and where the original is kept. Review it every few years and after major life events. When the time comes, the executor applies for a Grant of Probate, which is usually quicker than the Letters of Administration needed when there is no will.
Lulu is a Rockwills representative. See will writing with Lulu.