The Making of A Will – EVERYONE SHOULD HAVE A WILL; EVEN IF YOU THINK YOU HAVE NOTHING TO LEAVE ANYONE!

A Will is the Document in which the person making the Will –sets out his or her wishes in relation to certain matters which are to take effect on his or her death.   

THE RULES:

1.        A Will must be in writing

 

This does not mean that the Will has to be hand written; it may be hand written, typed or be a combination so long as the document provides permanent evidence of the Testators intention and the terms of his Will.  No particular words are required, it can be informal and short as long as it is clear it is the WILL.

 

2.       Revocation of Former Wills.

It is a vital component of any Will that all former Wills and documents and testamentary document’s are revoked by the making of the most recent Will.  Clearly, it would lead to serious difficulties if a Will did not contain a revocation clause and there were other Wills in existence.  .

3.       Mental Capacity

 

The testator must show that he intends to deal with the distribution of his property which is to take effect on his death.   If the Testator’s faculties were impaired for example by drunkenness or substance abuse the Will would not be effective.

 

4.        Appointment of Executors

 

The duties of an Executor can be onerous and it is unwise to appoint an Executor without asking the proposed Executor if he or she would carry out the function.  The Executor is responsible for the carrying out of the Testators wishes. A Testator may appoint an Executor absolutely or the appointment may be subject to a condition, i.e. I appoint A as my Executor and if he refuses to act as Executor then I appoint B.  A person who is appointed an Executor is not obliged to accept but if he does not wish to carry out the function then he should renounce before taking out the Grant of Probate.  Taking out the Grant of Probate confirms his position as Executor and then he is bound to carry out his duties as an Executor.  The Executors function is to preserve, protect and administer the Estate of the deceased.

 

5.       Appointment of Trustees

In addition to the appointment of Executors, a testator may also appoint Trustee’s where for example there are minor children whose entitlement is to be managed by Trustees until they reach perhaps 21 or 23 years.  The Testator may appoint his Executor/Executors to be his Trustees also but it is more advisable that the Testator appoint Trustees who take over the management of the assets on behalf of the minor children when the Executor has completed the administration of the Estate.  The duties of a Trustee are quite different and should not be confused with those of an Executor.    For reasons which are obvious it is advisable to appoint two Trustees to safeguard the inheritance and to act prudently in the investment and management of assets on behalf of minor beneficiaries.

6.       Signature and witnessing of Will

The Will must be signed at the end of the text and must be signed in the presence of two or more witnesses who are all present at the same time and each witness (usually two) witnesses the signature of the Testator in the presence of the Testator.   Wills should be kept in a safe place.  Generally, the original Will is recorded in the Solicitors Office in which the Will was made and then placed in a fireproof safe.  The Testator is usually given a certified copy of the Will for his records.  

IF YOU HAVEN’T MADE YOUR WILL ALREADY – CALL A SOLICITOR TODAY!