Do you have a Will?

Do you have a Will? 

It is very sad when people do not give attention to their affairs and for whatever reason (ignorance, bad advice) they do not make a Will.  Not only could this leave the Estate of the deceased chargeable to unnecessary inheritance tax but it will often cause further pain and grief for the family of the deceased.
 
What is sadder, however, is when a person has made a Will but for some reason it is faulty or inaccurate and is challenged through the Courts.
 
When making your Will you must ensure that the following  7 steps are taken and these will help reduce any possibility of a challenge after your death:-
 
1.    Your Will must be properly executed and comply with the strict requirements of Section 9 of the Wills Act 1837.  Your Will must be signed by you (the testator) in the presence of two or more witnesses; these witnesses must be at least 18 years of age and also sign the Will in your presence.
 
2.     You must have mental capacity and not suffer from any mental illness such as alzheimers disease or other forms of dementia.
 
3.    You must know and approve the contents of your Will.   It is important that this Will is read in your presence before you sign it and you fully understand and agree with the contents of the Will.  If you are blind an additional clause can be included in the Will indicating that you had the Will read out to you.
 
4.    You must not be influenced by any person when making the Will to leave assets etc to people who are not of your choice.
 
5.    You must ensure that you only sign your Will and no one acts fraudulently and signs for you.  It is sometimes useful to advise your accountant /solicitor/executor of the fact that you have made a Will so that they are aware of this.
 
6.    On your marriage or dissolution/annulment of your marriage, your Will will automatically fail as it has been revoked.  You can of course revoke the Will yourself either in writing or by physically destroying the Will. 
 
7.    Keep the Will safe and leave instructions where it can be found.
  
By being careful and taking such steps your Will should be honoured and executed in accordance with your wishes.
  
Please let us know if you would like further guidance or assistance in respect of these matters.