Can I Write My Own Will?

Can I Write My Own Will? The simple answer is yes. However ……….

S9 Wills Act 1837 provides that to be valid, a Will must be in writing and must be signed by the testator (the person making the Will) in the presence of two independent witness, who should also sign the Will in the presence of the testator.

Can I Write My Own Will? What Are The Rules?

There are no rules on how the Will should be written – a Will written on a cigarette packet was even upheld as being valid.  However, it is important to get the wording right so that ambiguities and misunderstandings are avoided.

Common Problems With Writing Your Own Will

One of the most common problem that I come across is a Will being incorrectly signed so that it is either invalid or, on some occasions, gifts to a beneficiary have failed because the beneficiary witnessed the Will and there was no other witnesses who could come forward to help save the gift.

Another common problem is the wording that people incorrectly use in their Will.  In one case a client wrote that she wanted to leave her estate to her “issue” as she believed that this meant her grandchildren.  Unfortunately, the meaning of “issue” actually means direct descendants and so she inadvertently included her children, who she wanted to exclude from benefiting from her estate. The cost to try and rectify this far exceeded the cost of making a Will.

Can I Write My Own Will? How To Avoid Mistakes

Many mistakes and invalid Wills can be avoided by having a professionally prepared Will.  I have been preparing Wills for 17 years and have helped hundreds of clients. There is often no such thing as “normal family circumstances” and it is important to make sure you have considered all of the options available to you.

In addition, without proper legal advice then you may not be aware of the different opportunities available to you such as tax planning, being able to mitigate care fees, protecting assets for children from a previous relationship and much, much more.

Covid-19 And Making A Will

COVID-19 isn’t stopping the team at Timms – if you need to make a Will then we can arrange to take instructions over the telephone, by video conference and, in some circumstances, appointments can be arranged at the office or in the comfort of your own home.

For further information, please contact me Keith Baldock-Grimes on 01283 214231 or at k.baldock-grimes@timms-law.com.

Keith Baldock-Grimes
June 2020