Greenwich Solicitors

WILLS & PROBATE FAQS – GREENWICH SOLICITORS

What is required for a legally valid will ?

For a will to be valid, it has to be:

• In writing
• Signed and dated by the Testator who has sufficient mental capacity and is not pressurised or unduly influenced into making the will.
• Signed in the presence of two witnesses who have sufficient mental capacity

What will happen if I do not make a will ?

If you do not make a will, the laws of intestacy will apply, resulting in an outcome that could be quite different from what the person who made the will would have expected.  Your estate may also be subject to inheritance tax, which will place an extra burden on your loved ones.

What is a Testator ?

The testator is the person who makes the will – the estate belonging to the testator will be distributed according to what is recorded in the will upon death.

What are the benefits of making a will ?

• It creates certainty and peace of mind as you know your loved ones will benefit properly from your estate.
• Intestacy rules can cause extra expense, time consuming and inconvenient for your loved ones.
• Family disputes over inheritance are minimised.
• Wills can account for major changes in your life, including marriages, births and deaths of loved ones.
• The impact of inheritance tax is lessened or avoided altogether.
• You can state your own wishes for your funeral.
• You can create trusts so young children below the age of 18 can benefit from your estate.
• You can give charitable donations.

Will my partner get everything ?

Under intestacy rules, this is not necessarily the case, as your children, siblings and parents may have competing claims.

I am not married to my partner. How would intestacy laws apply  ?

Even if you live together with your partner, intestacy rules will presume that you are a single person, so it is important to make a will to make sure your partner benefits.