What is a will?
A Will is a document by which a Testator appoints Executors to administer his estate after his death with instructions as to how it is to be distributed to his chosen beneficiaries.
What will happen to my estate if I die without leaving a will?
If you do not leave a Will your estate will be distributed under the “intestacy rules” – the law decides who should inherit your money and property.
Can I appoint just one Executor?
Yes you can, but it is advisable to appoint at least three (no more than four) in case one of them dies before you.
Can my Executors be witnesses?
Your Executors can be witnesses if they are not beneficiaries.
Can my Beneficiary be a witness?
If a beneficiary is a witness to your Will, the gift will fail. This also applies if the witness is the beneficiary’s spouse/civil partner.
Do I need guardians for my children?
You should appoint guardians for your children if they are under 18. Consent will need to be obtained from your chosen guardians before they are appointed.
What happens if my will is invalid?
If your Will is invalid, your estate will be distributed in accordance with the intestacy rules. (This only applies to those types of property which can be passed by Will). Your Will may be invalid if, for example, you don’t follow the correct attestation (signing and witnessing) procedures.
Can I cancel my will?
Yes you can. There are three ways of cancelling or revoking a Will. Making a later Will; marriage/civil partnership or by destroying the Will intentionally.
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