Writing a Will - Appointing executors, signing, witnessing and storing a will.

Although it is possible to write your own will, it is generally not advisable as there are various legal formalities that must be followed to make sure that the will is valid. Without an expert's help there is a risk that you could make a mistake, which could cause problems for your family and friends after your death.

In certain circumstances it is particularly advisable to seek legal advice. These include:

If you do choose to write your own will you should still have it checked by a solicitor to ensure that you haven't overlooked anything.

You must also name the people you wish to appoint as 'executors' of your will. Executors are the people who will be responsible for carrying out your wishes and for sorting out your estate when you die. They will need to collect together all the assets of the estate, deal with all the paperwork and pay any debts, taxes, funeral expenses and administration costs out of money in the estate. They will then be responsible for transferring any legacies to the beneficiaries stated in your will.

It is important to choose the people you appoint as executors with considerable care since their job involves a great deal of work and responsibility. You should always approach anyone that you are thinking of appointing as an executor to see if they are willing to take on the responsibility. If someone is appointed who is not willing to be an executor, they have the right to refuse. The people you could choose to act as executors could be friends, family members, or a professional such as your solicitor. Whilst you are allowed to appoint one executor it is always recommended that you appoint more than one in case one should pass away. A good combination would be a friend or family member and a professional. Ideally, you should choose someone who is familiar with financial matters.

Make sure your executors are happy to take on this duty as there are long-term responsibilities involved, particularly if you include a trust in your will. It is a good idea to ask someone younger than you are. If an executor dies, any other surviving executor/s can deal with the estate. If there are no surviving executors, legal advice should be sought.

Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed. As soon as the will is signed and witnessed, it is complete.

Once the will has been drawn up it is not effective until it has been signed in the presence of two witnesses. There are several rules regarding this process which, if not followed correctly, will make your will invalid. In order to make sure that the will is signed and witnessed in the correct manner you should ensure that:

Once your will has been made, it should be kept in a safe place. You can keep your will at home, with a solicitor, at a bank,or at any will storage facility.

If you do decide to keep the original will yourself you will need to tell someone you trust where you have put it, so it can be found when you die. This is very important, because if the original, signed will is not found, your estate would normally be treated as if you had died intestate and your assets might not be distributed as you would have wished.

It is also possible to deposit your will with the High Court and have it stored at the Principal Registry at the following address:

The Probate Department
The Principal Registry of the Family Division
First Avenue House
42-49 High Holborn
London WC1V 6NP

For further information on depositing your will with the High Court see the links below:

The online guide to

	Writing a Will Contents Choosing someone to write your will What should be included Executors Requirements for a valid will Signing and witnessing the will Storing a will Choosing someone to write your will Although it is possible to write your own will, it is generally not advisable as there are various legal formalities that must be followed to make sure that the will is valid. Without an expert's help there is a risk that you could make a mistake, which could cause problems for your family and friends after your death. In certain circumstances it is particularly advisable to seek legal advice. These include: If you have joint ownership of property with someone who is not your husband, wife or civil partner. You own a business. You have several family members who could make a claim on your estate because they are financially dependant on you. If your permanent home is not in the United Kingdom. If you are not a British citizen. If you are resident here but also own assets overseas. If you do choose to write your own will you should still have it checked by a solicitor to ensure that you haven't overlooked anything. What should be included Who do you want to leave your assets to when you die? How do you want to divide your property between your loved ones, friends or favourite charities? Are there any conditions you want to attach to these gifts such as your children / grandchildren having to reach a certain age before they inherit their share of your estate? Do you wish to leave a discretionary trust. A discretionary trust means that the trustees have discretion as to when the capital is handed over. Do you wish to leave a protective trust. A protective trust is designed to protect a beneficiary from themselves. You can insert a clause to disqualify someone from eventually inheriting if they sell their interest or become bankrupt. Do you have any particular wishes for your funeral? Do you want to be buried or cremated? Executors of your will You must also name the people you wish to appoint as 'executors' of your will. Executors are the people who will be responsible for carrying out your wishes and for sorting out your estate when you die. They will need to collect together all the assets of the estate, deal with all the paperwork and pay any debts, taxes, funeral expenses and administration costs out of money in the estate. They will then be responsible for transferring any legacies to the beneficiaries stated in your will. It is important to choose the people you appoint as executors with considerable care since their job involves a great deal of work and responsibility. You should always approach anyone that you are thinking of appointing as an executor to see if they are willing to take on the responsibility. If someone is appointed who is not willing to be an executor, they have the right to refuse. The people you could choose to act as executors could be friends, family members, or a professional such as your solicitor. Whilst you are allowed to appoint one executor it is always recommended that you appoint more than one in case one should pass away. A good combination would be a friend or family member and a professional. Ideally, you should choose someone who is familiar with financial matters. Make sure your executors are happy to take on this duty as there are long-term responsibilities involved, particularly if you include a trust in your will. It is a good idea to ask someone younger than you are. If an executor dies, any other surviving executor/s can deal with the estate. If there are no surviving executors, legal advice should be sought. Requirements for a valid will In order for a will to be legally valid, it must be:- Made in writing by a person who is at least 18 years old. Made voluntarily and without pressure from any other person. Made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who may inherit. Signed by the person making the will in the presence of two witnesses. Signed by the two witnesses, in the presence of the person making the will, after it has been signed. A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will. Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed. As soon as the will is signed and witnessed, it is complete. Signing and witnessing the will Once the will has been drawn up it is not effective until it has been signed in the presence of two witnesses. There are several rules regarding this process which, if not followed correctly, will make your will invalid. In order to make sure that the will is signed and witnessed in the correct manner you should ensure that: Yourself and two adult witnesses are all present in the same room before any signing begins. You sign first followed by each witness. The witnesses are likely to be traceable if required when you die. The witness is not blind and is capable of understanding what they are doing. The witnesses are not beneficiaries or the executors of the will or the spouse or civil partner of any beneficiary or executor. Each witness signs with his usual signature and follows it by his printed name and his address and occupation. No one leaves the room before the signing is complete. Storing your will Once your will has been made, it should be kept in a safe place. You can keep your will at home, with a solicitor, at a bank,or at any will storage facility. If you do decide to keep the original will yourself you will need to tell someone you trust where you have put it, so it can be found when you die. This is very important, because if the original, signed will is not found, your estate would normally be treated as if you had died intestate and your assets might not be distributed as you would have wished. It is also possible to deposit your will with the High Court and have it stored at the Principal Registry at the following address: The Probate Department The Principal Registry of the Family Division First Avenue House 42-49 High Holborn London WC1V 6NP Tel: 020 7947 6000 For further information on depositing your will with the High Court see the links below: How do I lodge my will for safe keeping? Are there any regulations covering the deposit of wills with the High Court? Where would your will be stored? What documents can I deposit for safe keeping?


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