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What makes a Will legally valid?

Creating a Will is one of the most important steps you can take to ensure that your wishes are respected and your assets are distributed according to your intentions after your passing.

However, for a Will to hold legal weight in the UK, it must meet several key requirements as outlined in the Wills Act 1837 and the Mental Capacity Act 2005.

The testator must be 18 or older

In the UK, anyone making a Will, or ‘testators’, must be at least 18 years old.

There are a few exceptions to this rule, such as for those serving in the armed forces, but in general, age 18 is the legal threshold for Will-making.

Testamentary capacity

The testator must have ‘testamentary capacity,’ meaning they understand the nature and implications of the Will.

They should comprehend the extent of their assets, the identity of those who may inherit, and the effect of including or excluding specific individuals.

This requirement ensures that the testator is of sound mind and free from conditions such as dementia or other mental health issues that could impair their judgement.

Freedom from undue influence

A valid Will must be made voluntarily, without undue influence from others.

If a testator is pressured or coerced into making certain choices, the Will could be challenged and potentially declared invalid.

Signing and witnessing

For a Will to be valid, the testator must sign it in the presence of two witnesses, who must also sign the Will in the testator’s presence.

These witnesses must be at least 18 years old and cannot be beneficiaries of the Will.

If a beneficiary witnesses the Will, they could lose their right to inherit under that Will.

Written form

In England and Wales, a valid Will must be written.

Oral Wills, often referred to as “nuncupative Wills,” are not recognised, except in extremely rare circumstances (such as certain cases involving members of the armed forces).

Clear intent and no ambiguities

Finally, a Will should clearly express the testator’s intentions regarding how their estate is to be distributed.

Vague or ambiguous wording can lead to disputes, which may ultimately require a court to intervene and interpret the Will.

Our team of solicitors can help ensure your Will is legally sound and reflects your true wishes.

For more advice on the validity of your Will or help with creating or updating it, please contact us today.

Lauren Richardson-Kellam

Paralegal – Wills and Powers of Attorney

My legal career started in 2011 as a legal secretary. Over the years I have gained a great deal of insight in many areas of law, especially in relation to Private Client work.

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