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Many people would argue that writing a will is one of the most important things you will ever do. Our solicitors agree with this statement as a will is an opportunity for you to continue your legacy and support your loved ones when you are no longer around.
However, it’s common for people to feel write a will themselves without proper advice. But, writing a will is a far more complicated procedure than you may think. As a result, the lack of input from a professional solicitor will increase the chances of your will becoming invalid.
This article will outline five commonly made mistakes when writing a will, alongside advice from our solicitors to help you protect your future wishes.
If you have any further questions surrounding writing a will, please don’t hesitate to visit our wills page or contact one of our trusted solicitors directly on
5. The Will Wasn’t Correctly Witnessed.
When thinking of a witness for a will, you may think your partner or your child are good enough. This assumption couldn’t be more wrong. A valid will requires two external witnesses to be physically present and they must meet specific criteria.
The criteria of the two witnesses signing a will in England and Wales are:
- Both must be UK citizens, aged 18 and over
- Neither can be named as beneficiaries in the will or married to a beneficiary
Asking a beneficiary to be a witness will result in them potentially being excluded from the will. This exclusion is due to the chance that the recipient has manipulated the person writing the will. So, if you are writing a will, make sure you select witnesses who have nothing to gain from the will to protect them.
4. Your Will is Out of Date.
Did you know that a significant life event can alter or void your will?
Many people don’t realise this, and their loved ones end up paying the price. Examples of events that impact your will are:
- The birth of a child or grandchild
- A marriage or divorce
- The passing away of a loved one
- Buying a new house
Our solicitors advise you update your will at least every 5 years so it remains valid and includes everyone.
3. Not Accounting for Debts.
It’s easy when making a will, to automatically think of what meaningful possessions you want to pass down to your children and grandchildren. However, debt is not one of those factors that instinctively comes to mind.
While you can’t normally ‘pass down’ debt, some elements such as mortgages can be transferred to beneficiaries. Life insurance can help your beneficiaries with this burden if they inherit a home with outstanding finance.
The settlement of debt is something that has to happen before the distribution of an estate. Thus, the payment of the debt comes from the contents of the estate. As a result, if you forget to consider debt, the will is distributing assets that may no longer exist in the estate.
2. Making Changes to the Will After It Has Been Signed.
Altering a will may seem like a simple job. But, it’s not as straightforward as adding a note to the existing will. To update a will, you must make an official alteration called a codicil or write a new will altogether.
Altering an existing will incorrectly risks voiding it entirely, so it’s important to do it correctly.
A codicil must be signed and witnessed in the same way as a will. Furthermore, there are no limits to the number of codicils you can add to a will, although making a new will may be more straightforward.
You can read more about how a codicil works on our codicils page.
1. Writing A Will Yourself.
Altering a will may seem like a simple job. But, it’s not as straightforward as adding a note to the existing will. To update a will, you must make an official alteration called a codicil or write a new will altogether.
Altering an existing will incorrectly risks voiding it entirely, so it’s important to do it correctly.
A codicil must be signed and witnessed in the same way as a will. Furthermore, there are no limits to the number of codicils you can add to a will, although making a new will may be more straightforward.
You can read more about how a codicil works on our codicils page.
Why Contact One Of Our Wills Solicitors To Help You Write A Will?
Writing a will is a tricky task which leaves a large margin for error. Our highly qualified will solicitors have a thorough understanding of writing a will. We offer initial consultations for all matters regarding will writing. The initial consultation will include:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
They will ensure your future wishes become a reality. For more information, please visit our wills page or call one of our solicitors directly on 020 3007 5500.
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