Often, we find that Homemade Wills don’t dispose of the whole estate, leading to a partial intestacy, or that assets are incorrectly described which leads to uncertainty about what the testator (the person making the Will) wanted to pass to whom.
In addition, Homemade Wills often don’t include the appropriate ‘attestation clause’ which is a clause that confirms that the Will has been signed in accordance with the provisions of s9 of the Wills Act 1837 and is therefore a valid Will.
Witnessing of the Will
To be a valid Will, the Will must be in writing, signed by the testator in the presence of two independent witnesses and the witnesses need to be in the presence of the testator when they sign. If the Will has not been correctly signed then it may be invalid and the estate will pass in accordance with any earlier Will, or in accordance with the laws of intestacy, if there is no previous valid Will. This means that other beneficiaries might inherit the estate other than those who were intended. As a result, there could be a lengthy and costly legal battle to try and sort the situation out.
People often don’t realise that a beneficiary of the Will cannot be one of the witnesses to it. Under section 15 of the Wills Act 1837 a beneficiary will lose out on their inheritance if they or their spouse or civil partner act as one of the witnesses to the Will.
As you can see, the risks associated with Homemade Wills are numerous.
When thinking about preparing your Will, you should always seek legal advice as your solicitor will be able to guide you through the process ensuring that the formalities of a valid Will are met.
Your solicitor can also advise you about any potential claims that may be made against your estate or any challenges brought to your Will, and they will be able to put measures in place and take steps to protect you, your estate and your chosen beneficiaries.
Further, they can advise you about any trusts that might be suitable depending on your circumstances and give you advice to mitigate any inheritance tax burden.
How Can Timms Help?
If you would like more information about preparing your Will, please contact me at c.day@timms-law.com or on 01283 214 231.
