The rules for signing the Will are actually quite straightforward, but if this step is done incorrectly, the Will can be invalidated. To sign your Will you should gather in a room with your two witnesses. You then each sign the document in each other’s presence. You should then initial each page, and your witnesses should also initial each page. Your witnesses can be any two adults who have nothing to gain from the contents of the Will. Beneficiaries and the spouse of a beneficiary would be inappropriate choices for a witness.
Have you ever been left out of a Will and thought that you deserved something from the estate? Do you think that family members have acted unfairly, or that a step-parent has influenced your parent? do you think that something suspicious may have happened to a parent’s Will? This article discusses the grounds for challenging a Will in the UK, and what specific factors contribute to a successfully contesting a Will.
We are often asked the question “can your Wills be challenged?” Keep in mind that any Will can be challenged. If a loved ones did not receive what they were expecting from a Will, then they are perfectly entitled to challenge the Will. Typically this would be done through a Solicitor.
But very quickly, the solicitor will be able to tell their client whether they have any chance of success.
There are very specific grounds for a Will to be successfully contested, and we will describe these in this article. Let us start with what will not likely result in a successful challenge.
You may have come to the conclusion that writing your Will with a solicitor is too expensive. You have thought that maybe you could write your own Will. But when you google the topic, “writing your own Will” leads you to all kinds of conflicting information. Eventually, you find information about the holographic Will, and have become totally confused.
Please allow us to help.
Background to the misinformation
The main source of confusion is of course the Internet. The problem is that laws pertaining to holographic Wills vary quite dramatically from one country to another. If you post to a law forum, to Quora or to Reddit, the whole World will want to chip in with an answer. The problem is that an answer coming from Canada, or the US, or from India, will not apply to UK law.
We get this question a lot “Can you let me know how to make a Will for my parents, or an elderly neighbour?”. You may have a friend or family member who needs a Will, but they are not very good with computers. You have heard horror stories about the blank DIY Will Kits and how they don’t produce quality final documents. Surely there must be another option.
Let’s be clear from the outset. The person that you intend to prepare the Will for must have testamentary capacity. It’s one thing for them to not like computers, but if they are struggling with a cognitive illness like dementia or Alzheimer’s, then this is a non-starter. The person must know that they are working with their Last Will and Testament, they must understand the contents of that document, and they must appreciate the implications of what they are signing.
We would also recommend steering away from this approach if you are planning on making yourself a beneficiary in the Will. Particularly if other people have an expectation that they will be beneficiaries, but are going to be disinherited. For example, if you are one of three siblings, and you want to help your elderly mother prepare her Will leaving everything to yourself, there is a good chance that the Will is going to be challenged and ultimately rejected by the courts. Likewise, if you are a care provider and planning to include yourself as a beneficiary, we would not recommend taking this approach. Continue reading →
Most people know that they need a Will, but according to recent statistics, as many as 30 million UK adults have not made a Will. According to this report; more than half of UK adults don’t have a Will, but only ten percent of those have not even considered it.
Why do I need to pay to create a Will using your service, when I can get a free one downloaded from the internet, or buy a blank Will kit from WHSmith for a couple of pounds.
We get this question a lot, and it is sometimes difficult for people to fully understand the difference between using an online Will writing services like the one at LegalWills.co.uk compared to using a blank Will kit.
To illustrate the difference, we have highlighted just 20 ways in which using a blank Will kit can lead to a disaster. Because, ironically, the simpler the Will kit, the more difficult it is to write a well drafted Will. You may find it interesting that these were culled from an initial list of 45!!
1. You don’t check where the Will kit came from and who created it.
Before you download a free Will kit template, stop and think about who actually prepared the template. Nowadays anybody can set up a professional looking legal website for free using WordPress in about 2 hours. Continue reading →