Will Dispute

Should I make a will?

Yes. It is essential to make a will if you are concerned about who will receive your assets and belongings after you die. It is particularly important to make a will if you have a family or other dependants.

Even if you are married with dependants you need a will. If husband and wife are killed together, for instance in a motor accident, the older person is normally presumed to have died first. If you were the younger person, you might have inherited assets from your spouse – even though you were by then dead – but if you had not made a will your assets would be distributed under a rigid formula regardless of what you might wish.

What is a will?

A will is a legal document that names the people you want to receive the property and possessions you own at the date of your death.

These people are known as your beneficiaries.

Your property and possessions include everything you own: your home, land, car, money in bank accounts, insurance policies, shares, jewellery, pictures, furniture, and so on. Making a will is the only way you can ensure your assets will be distributed in the way you want after you die.

What is a ‘valid’ will?

A valid will is one that has been accepted by a court and put into effect by a grant of probate. To be valid your will must be:

• In writing – handwritten, typed or printed.
• Signed – ideally your signature should be at the end of the will.
• Witnessed – two witnesses must be present when you sign your will or acknowledge it and they, too, must sign in your presence, but they do not have to be present together at the time they sign.

If your will is not made in this manner it may not be enforceable; the court has the power to grant or not grant probate (confirm that the will is valid) and your property could be disposed of as if you had not made a will. In exercising this power, the court needs to be satisfied that the document sets out how you want your assets to be distributed.

Can I make a will myself?

You can make a will yourself if you wish. Printed will forms are available from stationers. There is no requirement that a solicitor draft a will. However, it is not in your best interests to draft your will yourself. There have been very many cases where homemade wills were either unclear, not properly drawn up or caused an unwanted tax liability. Many of these cases end up in court and carry on for years, causing distress and perhaps hardship to the family of the deceased. In general, Solicitors do not charge a large fee for making a will, and since it is one of the most important legal documents you will ever make, it is false economy to try to do it without skilled professional advice.