What Makes a Will Legally Valid? A Simple Guide to the Legal Requirements
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What Makes a Will Legally Valid?
A Simple Guide to the Legal Requirements
To be valid, a Will must meet certain legal rules set out in the Wills Act 1837. Here’s what you need to know:
1. The Will Must Be in Writing
Your Will must be written down – either typed or handwritten. It doesn’t have to be on paper, but it must be a physical document that can be submitted to the Probate Registry.
2. It Must Be Signed
The person making the Will (called the "testator") must sign it using their usual signature. If they can’t sign themselves, someone else can do it on their behalf – but only in their presence and with their permission.
Simple marks, thumbprints, or even stamps have been accepted as valid signatures, as long as it’s clear that the testator intended to sign the Will.
3. The Signature Must Be Witnessed
The testator must sign the Will in front of two witnesses, who are both present at the same time. The witnesses then sign the Will too. They don’t need to know what the Will says, but they must see the testator sign it (or see the signature and hear the testator confirm it).
If the witnesses aren’t present at the same time, or if the signature is hidden, the Will could be invalid.
Who Can Be a Witness?
- Anyone with full mental capacity who is physically present during signing.
- They must not be blind.
- It’s best to choose witnesses who are over 18 and likely to outlive you.
- Avoid using beneficiaries (or their spouses/partners), as they will lose any gift left to them in the Will.
Example 1:
Liam leaves £5,000 to his friend Jake in his Will. Jake acts as a witness. When Liam dies, Jake’s gift is cancelled because he was a witness.
Example 2:
Amira leaves her jewellery to her cousin Layla. Layla’s husband, Tom, is a witness. Even though Layla didn’t witness the Will, her gift fails because her husband did.
Good Practice Tips
Choose independent witnesses – friends, neighbours, or work colleagues.
Avoid using family members or anyone named in your Will.
Ask witnesses to include their full name, address, and occupation – this can help if there are any questions after you pass away.
Need Help Making or Signing a Will?
We can guide you through every step to make sure your Will is valid and your wishes are followed. Get in touch today.