Making Sure Your Will is Legally Valid
Once you have created your Will and decided how you wish to distribute your estate, it is important to make sure your Will follows the correct legal requirements in order for it to be legally valid. Not having a valid will can run the risk of having your assets distributed in a way you would not have chosen nor wanted and a potentially long and expensive court battle for your loved ones to fight for your wishes.
A person must be over the age of 18 in order to create a legally binding Will.
In order for your Will to be legally valid it is important that at the time of creating your document you must be of sound mind in order to fully understand and comprehend your intentions for your Will.
Signing of Your Will
For your Will to be legally valid it is required to be signed correctly by 3 separate parties.
- The testator (the person making the Will)
- Two witnesses
There are specific rules as to who can be your Witnesses. They MUST be over the age of 18 and MUST NOT be a beneficiary of your Will, neither a spouse, child or parent of a beneficiary.
The witness must be of sound mind and physically in the room where they can visibly see the document being signed. Witnesses should be independent persons such as friends or neighbours etc.
These may not necessarily invalidate a Will but might cause difficulty or expense in the administration of your estate:
- Beneficiaries and Executors
- Make sure you have the correct details entered for your beneficiaries, and an executor has been appointed for your Will.
- Once all of the above is complete, it is important to store your Will in a safe place to avoid any damage to protect is validity. Tell your family members where they can find the original Will. You may wish to give copies to family members.
- Do not fold or damage the Will in anyway.
- Do not attach a paperclip to the Will for any reason.
- Do not laminate your Will.
- Do not write on the Will.
- Do not remove a staple from the Will.
- Do not make any further alterations to the Will once it had been executed.
- Once the Will has been signed, no other changes can be made.
Ailira can help you easily and cheaply create a Will. You can book a time to have an Ailira Assistant guide you through the process