Wills are not regulated so it means that anyone can write a Will. Of course we will always encourage you to see a legally trained professional to make a Will as you get a lot more expertise and support, but sometimes this just isn’t possible.

Companies can offer Will drafting services or sometimes they will provide you with Will writing packs that provide a basic template for you to complete the information (basically a DIY Will). Any type of Will can be valid so long as the rules set out in law are followed. Many people make a Will and whilst they think they might have followed the instructions, sometimes there is a crucial flaw which means the Will is invalid, making it nothing more than another piece of paper.

The Wills Act 1837 governs making a valid Will. Even to this day, it still remains in force and what every Will needs to comply with to be valid. Section 9 of the Wills Act 1837 states that a Will is only valid if it meets all of the following criteria:

  1. It is in writing and has been signed by the Testator (ie the person making the Will). If the Testator is not able to physically sign then someone else can sign on his behalf at his direction (ie the Testator tells them to sign for him).
  2. It appears that the Testator intended the signature to make the Will valid
  3. The Testator’s signature is witnessed by two independent witnesses
  4. Each witness signs the Will as well (in the presence of the Testator).

 

If any of these 4 points are not met then the Will is invalid and does not take effect. Most of the time Wills don’t take effect due to simple mistakes which could easily be rectified (or pointed out) if they are checked by someone who specialises in writing Wills.

As well as the above points, the Will also has to be dated at the same time it is signed, otherwise it is unknown as to the date it takes effect from and therefore is invalid.

The last few years have been tough, and unfortunately it was a time when many realised that they either didn’t have Wills or the ones they had are seriously outdated. Many tried to write their own Wills but there is a possibility that some mistakes might have been made as they were not advised.

At Fisher Jones Greenwood we are happy to offer review appointments to discuss your Wills (whether you made them originally with FJG or elsewhere). We can then check that the Wills have been completed correctly in accordance with the above rules so that they are valid, giving you piece of mind and one less thing to worry about.

We also provide the use of an online tool called settify which can allow you to provide a lot of the information before the meeting from the comfort of your own home and in your own time. We can either send you an email invite for this or you can visit the Wills, Life Planning and Probate section of our website to find a link to get started (https://www.fjg.co.uk/services/services-for-you/wills-life-probate/).

If you would like a review appointment or indeed have any questions about Wills, then please do call us on 01206 835261 or contact us and we would be happy to provide further information or assist however possible.