When making a will, there a certain requirements it must meet in order to be valid. If you make a will and do not meet these requirements, it will not be enforceable even if it was your wish for the will to be followed. It is therefore crucial that these elements are followed when crafting a will. If these elements are followed, anyone create a valid will from home. See our blog post on what happens if you die without a valid will
- The individual making the will (the testator) must be aged 18 or over at the time the will is made.
- The individual must have the necessary mental capacity.
- This means the individual is of sound mind, able to understand the nature of his act in making a will, the extent of his property and the identity of the people who may inherit.
- The individual must intend the document to have the legal effect of a will.
- The individual must not be forced, unduly influenced or coerced in any way when making the will.
- The will must be made in writing.
- The will must be signed in the presence of two witnesses by the person making the will.
- The will must then be signed by two witnesses in the presence of the person making the will.
A will can include an attestation clause which states that the required formalities were observed in the making of the will. This clause will create a presumption that the will was duly executed although this can be rebutted by contrary evidence.
If a witness to the will is also a beneficiary of the will, the gift to the beneficiary will be invalid although the rest of the will may remain valid. It is therefore best to avoid having witnesses who are also beneficiaries.
If a will is made which does not meet these requirements, on the testator’s death their estate will be administered under the intestacy rules, not according to the wishes they have expressed in the will.
Here at Legal Touch we follow these requirements and do the writing for you. You can then complete the written will from home by signing in the presence of two witnesses who also sign it. To get a will created with us go to our wills page here