Requirements of a valid Will?
Want to make a Will or change an existing Will? Why not contact us today.
A Will is valid if:
  • The person making the will (known as testator or testatrix) must sign the will in the presence of two witnesses to the signature.

  • The courts will accept as a signature whatever mark was intended to be their signature, and this can include a cross or other mark.

  • Normally a signature is made at the end of the will but if the will is signed elsewhere it can still be valid.

  • Two people must witness the signature by signing the Will or acknowledging the person's mark in his/her presence.

  • Both witnesses must be physically present at the same time and be able to give evidence of this, although they don’t have to sign in the presence of each other.

  • Witnesses should not benefit under the terms of the Will.
How to make a valid Living Will:
  • A Living Will means making a statement about your wishes and specific refusals of treatment in advance of falling terminally ill.

  • Every adult with mental capacity has the right to refuse or agree medical treatment. To make your advance wishes clear you can use a Living Will.

  • Living wills can include general statements about your wishes on treatments, which aren't legally binding, and specific refusals of treatment called 'advanced decisions' or 'advance directives'.

  • If writing an advance statement, consider that new drugs or treatments may be introduced in future years.

  • It's advisable to say you understand what you're doing and to get the statement signed by a credible witness.

  • You can still make a living will if you're diagnosed with a mental illness, as long as you are competent to understand the implications.

  • You can change your mind or cancel in the future.
Special rules apply for persons who are blind or illiterate; or in circumstances that appear suspicious eg. Undue influence of another person.

At Cheltenham Wills we always request our clients to read through the final draft of their Will. We then explain the meaning of all the clauses ensuring the Will meets their wishes.

To find our more about our Cheltenham Wills 'one stop shop' Will Writing Service why not contact one of our Financial Planning Managers?

Cheltenham Wills - Cheltenham IFA Limited - 10 Montpellier Arcade - Cheltenham - Gloucestershire - Tel: 01242 26 96 56