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This article was published on October 10th, 2024
Your Will is one of the most important documents you will ever have the task of writing. It allows you to decide what happens to your assets and how your estate will be managed after your death, eliminating the issues that occur in intestacy. However, there are many complexities that can arise when writing your Will that could make it invalid. We’ve put together a list of the most common mistakes people make when writing their Will and how to avoid them:
Not updating your Will regularly can result in your wishes becoming outdated over time. There are many changes you will go through in your lifetime that could lead to your Will becoming irrelevant or even invalid, such as:
If you do not update your Will after each major life event, it is unlikely to be appropriate for your new family dynamic or representative of your current assets; leaving your loved ones with potential familial conflicts and legal issues to sort out after your death.
Learn more about when and why it’s necessary to update your Will here.
An executor is legally responsible for carrying out your wishes and managing your estate after your death. It is integral you choose an appropriate person for this role as their responsibilities include distributing your assets to beneficiaries and ensuring your funeral/burial is carried out as instructed.
Many people assume that the person closest to them is the right person for the job, as they know them best, failing to consider whether they are willing or capable to take on the responsibilities of this role. Your executor must be reliable, organised and have the ability to handle legal and financial affairs. A loved one may not be able to cope with the complexities of executing your Will if they’re affected by your death.
To ensure your Will is executed correctly and to avoid putting any more strain on your loved ones during this difficult time, you can appoint a solicitor to be your executor.
Upon completion of your Will, you should sign it in the presence of two witnesses, who will also sign it to confirm you are of sound mind. This confirms that your Will is valid and minimises the possibility for any legal issues or disputes surrounding your wishes.
To ensure the validity of your Will, each witness must meet the following criteria:
Your Will is one of the single most important documents you will ever write and it is integral that it is kept safe. Whilst many people will make photocopies of their Will to combat the possibility of losing it, your executors will need the original copy to begin carrying out your wishes after your death.
It is advisable to have your Will stored professionally, not only so that it is kept safe, but so your executors can access it easily when needed.
Whilst it may seem simple enough to write down instructions of how you would like your assets to be distributed and your estate managed after your death, preparing your Will and ensuring its validity is a complex process.
At Thorneycroft Solicitors, our expert Wills and Probate team have the experience and legal knowledge to make this process simple, ensuring your wishes are carried out exactly how you want them to be. Learn more about how our expert team can help here.
If you would like to begin the process of writing your Will or need to make a change to your current one, we offer a FREE initial consultation to discuss your requirements. Contact our team on 08001979345 or fill out our simple enquiry form to book your appointment today!