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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Signing your will

Why is it important for a will to be signed?

For a will to be valid it must normally be signed by the testator (the person whose will it is). If the will is not signed the will is likely to be invalid. If the will is invalid upon the death of the testator his or her assets may be distributed other than in accordance with his or her wishes.

What are the formalities for signing a will?

How should the will be signed?

A testator should sign his or her will using his or her normal signature, although a mark or initials or an incomplete signature or even a stamped signature may in some instances be sufficient if it is intended to represent the testator’s signature.

Where should the will be signed?

It is no longer a requirement that that the testator’s signature should appear at the end of the will (unless the testator died on or before 31 December 1982), although in practice it normally will.

If the will consists of several pages does each page need signing?

If the will consists of several pages, the testator does not have to sign each of the pages, provided that when his or her will is witnessed all of the pages are attached in some way.

When should the will be signed?

For a will to be valid the testator must either sign the will or acknowledge his signature in the presence of two or more witnesses who are present at the same time. To find out more about the requirements for witnessing wills read our article on “witnessing your will”.

Can anyone other than the testator sign the will?

In most cases the will should be signed by the testator. However, the law does allow a will to be signed by someone other than the testator provided that that person signs the will in the presence of the testator and is directed by the testator to sign it. Where a will is signed by someone other than the testator the testator must in some way indicate to two or more witnesses to the will that the signature was signed at his or her request.