Wills and Estates

What is a will?

A will is a legal document that names the people you want to receive the property and possessions you own at the date of your death. These people are known as your beneficiaries.

Your property and possessions include everything you own, your home, land, car, money in the bank accounts, insurance policies, shares, jewellery, pictures, furniture and so on.

Making a will is the only way you can ensure your assets will be distributed in the way you want after you die.

Should I make a will?

Yes. It is essential to make a will if you are concerned about who will receive your assets and belongings after you die. It is particularly important to make a will if you have a family or other dependants.

Even if you are married with dependants you need a will. If a husband and wife de together, for instance in a motor accident, the older person is normally presumed to have died first. If you were the younger person, you might have inherited assets from your spouse – even though you were by then dead – but if you had not made a will, your assets would be distributed under a rigid formula regardless of what you might wish.

What is a “valid” will?

A valid will is one that has been accepted by a court and put into effect by a grant of probate. To be valid your will must be:

In writing – handwritten, typed or printed;
Signed – ideally your signature should be at the end of the will;
Witnessed – two witnesses must be present when you sign your will or acknowledge it and they, too, must sign in your presence. The witnesses must not be a beneficiary to the will, or a spouse of a beneficiary.

If your will is not made in this manner it may not be enforceable; the court has the power to grant or not grant probate confirm that the will is valid) and your property could be disposed of as if you had not made a will. In exercising this power, the court needs to be satisfied that the document sets out how you want your assets to be distributed.