Wills Workshop

Surveys indicate around 65% of the adult population in England and

Wales have NOT made a Will

Why don’t people make Wills?

• Ignorance of the law

• Superstition

• Don’t like to consider death

• Something to be put off until tomorrow

• Nervous about visiting lawyer/cost

Reasons to make a Will

• Ensure your wishes are carried out

• Provide for your loved ones

• If you don’t leave a valid will your estate will pass in accordance with the Rules of Intestacy

• Appoint Executors/Trustees – choose people you trust to administer your estate

Reasons to make a Will

• Appoint Guardians for your minor children

• Specify your funeral wishes

• Obtain estate planning advice/how to protect assets

• Avoid unnecessary disputes

Important points to consider when appointing Trustees and Guardians• Must be over 18 years of age.

• Should be honest and trustworthy

• Practicalities – are they capable of doing the job/is their location going to prove difficult ie living abroad

• Preferably not in dispute with other members of the family/get along with co-executors/trustees

• Be willing to accept the appointment

Legal Requirements for a valid Will

Testator (person making the Will) must be of sound mind

Testamentary capacity is as set out in the case of Banks v Goodfellow (1870) per Cockburn LJ

“…a testator shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect ….”

Legal Requirements for a valid Will

Testator must be aged 18 years or over

Will must be in writing

Will must be signed by Testator or signed on his behalf in his presence under his direction

Validly witnessed (two witnesses in presence of Testator)

Legal Requirements for a valid Will

Some exceptions

Age 18 requirement: It is possible in certain circumstances for members of the armed forces to make a will under age 18 years

Testamentary capacity: Under the provisions of the Mental Health Act 1983, the Court of Protection may approve the making of a Will or codicil on behalf of someone who is mentally incapable of doing so themselves (a statutory will)

Legal Requirements for a valid Will

Who can be a witness to a Will?

Anyone who is:• Not blind• Understands the nature and effect of witnessing a

Will

Who should not witness a Will?• Anyone who is a beneficiary of the Will• Anyone who is married to/civil partner of a

beneficiary named in the Will

What happens after death

If you have made a Will

• Your Executors derive their power from the Will and may insure property and take steps to protect the estate

• Your Executors will make application for a Grant of Probate to administer your estate

What happens after death?

If you have not made a Will

• Necessary to determine who is entitled to apply for a Grant of Letters of Administration (see schedule explaining Rules of Intestacy) to be appointed as Administrator of the Estate

Rules of intestacy in England and Wales

Thank you for listening

Any questions?