Make a Will
The definitive guide

 

Importance of Making a Will

Why make a Will

What happens if you die without a Will?

Importance for parents to make a Will

Importance of cohabitees to make a Will

Creating your Will

What should be included in a Will?

Appointing Guardians in your Will

Appointing Executors in your Will

Appointing Beneficiaries in your Will

Leaving Assets in your Will

Specifying your funeral wishes in your Will

Leaving your body to science in your Will

Donating your organs in your Will

Specifying your burial wishes in your Will

Leaving a business in your Will

Leaving a gift to a charity

Leaving a 'right to live' in your Will

Including future beneficiaries in your Will

Leaving Pets in a Will

Specifying Conditions in your Will

Basic structure of a Will

Joint Wills and Mutual Wills

Signing your Will

Witnessing your Will

Storing your Will

Leaving Property in a Will

Leaving Jointly owned Property in your Will

Property held as Joint Tenants

Property held as Tenants in Common

Leaving Foreign Property in your Will

Leaving a Farm in your Will

Legality of a Will

How legally binding is a Will?

Requirements for a valid Will

Contesting a Will

International Wills

Changing your Will

Changing your Will

Keeping your Will up to date

Implications of Marriage on your Will

Implications of Divorce on your Will

Destroying a Will

Changing a Will after Death

Living Wills/Power of Attorney

Advance Directives (Living Wills)

Enduring Power of Attorney

Lasting Power of Attorney

Health and Welfare LPA

Property and Financial LPA

Trusts

What is a Trust?

Role of a Trustee

Appointing a Trustee

Discretionary Trusts

Express Trusts

Secret Trusts

Probate

What is Probate

Applying for a Grant of Probate

Dealing with Intestacy

Searching for a Will

When is Inheritance Tax payable

Scottish Wills

Scottish and English Wills

Laws of Intestacy in Scotland

 

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Destroying a will

If you want to destroy your will you should burn it, tear it up or otherwise destroy. Once you have destroyed it in one of these manners the will is revoked providing that you clearly intended to destroy the will.

Is a will that has been accidentally destroyed still valid?

In order to revoke a will by destroying it the person whose will it is must have intended to destroy the will. Where a person accidentally destroys their will the will, therefore, remains valid. From a practical point of view it would, however, be sensible to prepare a new will in such circumstances.

Do copies of the will also need to be destroyed?

Only an original will is a valid will. However, if copies remain, it may be thought that the destruction of the will was accidental. For this reason it is sensible to destroy any copies of the will at the same time. If copies of the will cannot be found to avoid any future confusion it would be sensible to prepare a new will as a new will will supersede the earlier one.

Can I ask someone to destroy my will for me?

A “testator” (the person whose will it is) can ask another person to destroy the will for them. However, the will must be destroyed in the presence of the testator. Simply asking someone to destroy a will is not sufficient.