Writing a will is a vital step in making sure that all of your assets are taken care of according to your wishes. It ensures that your loved ones are properly accounted for and that your passing does not give way to disputes.
However, writing can be a difficult topic to tackle. That is why we have put together a list of some of the most frequently asked questions about it.
What Is A Will?
A will is a legally binding document that specifies how your assets, possessions, and property should be handled after your passing.
It is also where you formally appoint executors; those who will administer your estate according to your wishes.
What Makes A Will Legal?
For a will to be legally valid under UK law, it must be:
- Written by a testator of at least 18 years of age
- In writing, either typed or handwritten
- Written by a testator who is of sound enough mind to understand the nature and effect of making a will
- Signed by the testator at the end of the document in the presence of two witnesses who are both present at the same time
- Signed by the witnesses to testify that they have witnessed the signing of the document by the testator
What Is A Testator?
A testator is the legal term used to refer to someone who is writing their will. So, if you are writing a will, then you would be referred to as the testator within it.
Can I Write My Own Will Without A Solicitor?
You can, but that does not mean that you should.
A solicitor will help you to ensure that your will is correctly written from a legal perspective. This minimises the risk of ambiguity, in turn reducing the risk of conflict among the bereaved.
A solicitor specialising in will writing and probate will make sure that your will meets all legal requirements under UK law, and make sure that your loose ends are taken care of once you have passed. This includes things like taxes, funeral costs, and various other fees that the bereaved should not have to deal with on top of losing someone they care about.
Can I Update Or Rewrite My Will After It Has Been Written?
Yes. You both can and should update your will regularly to reflect changes in your circumstances.
It is highly recommended that you update your will after any significant financial or personal change has occurred in your life. Coming into a lot of money or significant assets requires that you account for them upon your passing. In the same vein, a divorce likely means that you no longer wish to leave your worldly possessions to your estranged partner.
To make these changes, you have two options:
- First, you can simply create a new will which explicitly revokes the old one
- Second, you can make a codicil, which is a separate document that amends the original will without overwriting it
We recommend a codicil for small changes to your will, while larger ones likely merit a full rewrite.
Contact Us
Don’t leave your affairs out of order after your passing. Contact our team at Crowley & Company for professional and compassionate writing and probate legal services. Whether you have a small estate or need to untangle a complex web of financial strings, our team is here to help with professional efficiency.
Don’t leave with writing until it’s too late. Contact our team today to get started.
