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Home / FAQs / Making a Will

Making a Will

1. Do I need a solicitor?
In most cases it is not necessary to use a solicitor to make a will. Provided the will is worded correctly it is just as legal as if you had paid a solicitor to prepare it for you.

Therefore our will service enables you to make a perfectly legal will without visiting a solicitor. We are also able to offer a full service with probate administration

2. What happens if I die without Making a Will?
If you die without leaving a valid will your estate will be distributed in accordance with the Laws of Intestacy. This can mean in some cases the Government getting everything!

3. What are the requirements for a legally binding Will?

In order for a will to be legally valid it must meet a few basic requirements:

  • The person who is making the will must be of sound mind and free of undue influence

  • The will must be in the correct format

  • The will must be signed by the testator and two witnesses

4. When does a new will need to be made?
There are certain circumstances such as marriage that result in a will being revoked.
In these instances it is necessary to create a new will.

5. Can a beneficiary be an executor?
Yes. It is quite common for an Executor to also be the main beneficiary. This confusion is often caused because a witness to a Will cannot be a beneficiary. 

6. Who can witness a Will?
A suitable witness for a Will is a friend or neighbour. There must be two witnesses when executing a Will and both witnesses must be present at the same time that the person making the Will signs the Will. They in turn must see each other sign. But they need not see the content of the Will nor do they need to understand the content of the Will itself. It is important that the witness is not a beneficiary as it would void any gift left to them in the Will.

7. What is an executor?
An executor is responsible for applying for probate and then distributing the estate in accordance with the deceased's Will.

8. What are the duties of an Executor
 The duties of an Executor can be quite burdensome, some may feel at the time of bereavement close to them that they are unable to fulfil the role of an Executor, if you need a complete list of the duties of an Executor call us on 020 8150 2010

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