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Additional Information

What is a will?

It is a legal declaration of how you wish to dispose of your property on your death. In order for it to be valid it must comply with certain requirements.

Who can make a will?

Generally speaking, anyone over the age of 18 and of sound mind.

Who should make a will?

Generally speaking, anyone over the age of 18 and of sound mind.

However:

• It is possible for members of the armed forces to make a Will under the age of 18 but legal advice should be sought in these circumstances


• Under the provisions of the Mental Health Act 1983, the Court of Protection may approve the making of a will, or a codicil to a will for someone who is mentally incapable of doing so themselves.

What makes a will valid?

• It must be in writing, should appoint someone to carry out the instructions (an executor) and dispose of possessions/property


• It must be signed by the person making the will (the testator), or signed on the testator’s behalf in his or her presence and by his or her direction. This must be done in the presence of two witnesses who then sign the will in the presence of the testator.

Did you know . . . ?

If you sign over your house to your children during your lifetime and continue to live in it:

• A local authority can ignore the transaction, without limit of time, if they consider that it was done to avoid paying long term care fees.
  
• The value of the house will be added back into your estate for the calculation of Inheritance Tax.
  
• Unless your children live with you, the house will be subject to Capital Gains Tax on its increased value from the date of the transfer.
  
• If your children become involved in a marital dispute or financial difficulties, your home may be considered to be part of their assets.
  
• Income Tax will be payable on the rental value of your home, even if you are not actually paying rent.
  
• A Will that is not properly signed and witnessed is invalid, and the testator will be deemed to have died intestate.
  
• If the original, signed and witnessed, Will cannot be produced the testator will normally be presumed to have destroyed it, and to have died intestate. A copy may prove that a Will was made, but not that it was in force at the time of death.

The laws of inheritance in England and Wales are different to those in Scotland and Northern Ireland.

The longest Will in the English language was written by Mrs Frederica Evelyn Stilwell-Cook who died on 9th January 1925. It consisted of 95,940 words, contained in 4 gilt-edged, leather-bound books.

William Shakespeare bequeathed to his wife "my second best bed"

The eminent artist Gainsborough left his nephew  "my utensils in the painting business"