Attestation
Making a will is one of the most important things you can do, current statistics show 59% of adults in the UK do not have a valid will. You have taken the trouble to make your will, its vitally important to ensure that this most important document is signed correctly and legally.
Your will is a legally binding document that confirms how you want your money, property and possessions to be distributed after your death. A benefit of making a will is you may mitigate and reduce any inheritance tax due on the settlement of your estate.
Signing a Will
There is a lot of confusion around something as basic as the attestation process i.e. the signing of a Will. These notes should help to dispel a few myths and help ensure your Will is valid.
- A Will that is not signed is useless. It has absolutely no significance and even if the person really did mean to sign it a court will disregard an unsigned document
- A Will needs to be signed, in the presence of 2 witnesses who then each sign. If any of the signatures are made with any of the 3 out of the room then the Will is might not be valid.
- Normally the witnesses do not know the content of the Will, unless the testator chooses to tell them.
- If someone cannot read (for whatever reason, including being blind) the Will can be read to them before it is then signed. If someone cannot physically sign they can direct someone to sign on their behalf. In both of these situations special wording will be required on the Will to record what happened and to ensure validity.
- If there is any realistic possibility of the Will being challenged in the future, it is particularly important to have witnesses who are likely to still be around in the future and who could provide credible testimony if needed.
- A ‘beneficiary‘ is someone who will (or might) benefit from a Will. If a beneficiary (or their current spouse/civil partner) acts as witness then the Will is valid, but they lose their benefit. So if you witness a Will, you can be sure you will get nothing from it (this is not to be confused with the role of Executor - a beneficiary CAN also act as Executor)
- A common mistake occurs when a couple make Wills at the same time. It is all too easy to accidentally sign each other’s Will (yes, it DOES happen).
For these and other reasons it is good practice for the signing of your Will to be supervised by your Will writer. If you choose to do it on your own, you should still have it checked afterwards. Once it is signed the Will must be kept safe, somewhere you can be sure it will be found later. NEVER keep it at home. – it can go missing in even the most organised of households.