Making a Will

Wills Solicitors

Your Will lets you decide what happens to your money, property and possessions after your death.

If you make a Will you can also make sure you do not pay more Inheritance Tax than you need to.

There are different rules for Scotland and different rules for Northern Ireland.

You can write your Will yourself, but you should get advice if your Will is not straightforward.

You need to get your Will formally witnessed and signed to make it legally valid.

If you want to update your Will, you need to make an official alteration (called a ‘codicil’) or make a new Will.

If you die without a Will, your estate passes under the rules of intestacy which means the law decides who gets what.

Your Will

Your Will should set out:

• who you want to benefit from your Will
• who should look after any children under 18
• who is going to sort out your estate and carry out your wishes after your death (your executor)
• what happens if the people you want to benefit die before you

You can also include a charity in your Will.

When you need legal advice

You can get advice from a professional if your Will is not straightforward, for example:

• you share a property with someone who is not your husband, wife or civil partner
• you want to leave money or property to a dependant who cannot care for themselves
• you have several family members who may make a claim on your Will, such as a second spouse or children from another marriage
• your permanent home is outside the UK
• you have property overseas
• you have a business

Keep your Will safe

You can keep your Will at your home or store it with:

• your solicitor
• your bank
• a company that offers the storage of Wills
• the national probate registry in Newcastle

Read full guidance on storing your Will with the Probate Service.

You should tell your executor (the person you have chosen to carry out your Will), a close friend or relative where your Will is.

Make sure your Will is legal

For your Will to be legally valid, you must:

• be 18 or over
• make it voluntarily
• be of sound mind
• make it in writing
• sign it in the presence of 2 witnesses who are both over 18
• have it signed by your 2 witnesses, in your presence

Signing and witnessing your Will

You and your witnesses must sign the same document.

When you sign your Will, both of your witnesses must have a clear view of you and the act of signing.

You can ask someone to sign on your behalf if you are unable to do it.

When your witnesses sign your Will, you must have a clear view of them and the act of signing. Your witnesses do not need to sign it at the same time as each other.

You cannot leave your witnesses (or their married partners) anything in your Will.

If you make any changes to your Will you must follow the same signing and witnessing process.

Update your Will

You should review your Will every 5 years and after any major change in your life, for example:

• getting separated or divorced
• getting married (this cancels any Will you made before)
• having a child
• moving house
• if the executor named in the Will dies

Making changes to your Will

You cannot amend your Will after it has been signed and witnessed. The only way you can change a Will is by making an official alteration called a codicil.

You must sign a codicil and get it witnessed in the same way as witnessing a Will.

There is no limit on how many codicils you can add to a Will.

Making a new Will

For major changes you should make a new Will.

Your new Will should explain that it revokes (officially cancels) all previous Wills and codicils. You should destroy your old Will by burning it or tearing it up.

Our experienced lawyers in the Private Client Department have the knowledge and skills to draft your Will for you.

Talk to our Wills Solicitors in Muswell Hill

Our Private Client Solicitors have vast experience in private client matters including Lasting Powers of Attorney, Wills and Probate. If you have an enquiry or would like to learn more about how Layzells Solicitors can help you, please call 020 8444 0202, email us or fill out the enquiry form below.