10 Essentials Steps For Signing Your Will Properly

If your Will is signed incorrectly (and this can easily happen) the Will may be rendered invalid, and your estate will be dealt with under the rules of intestacy unless you have made a previous Will that remains valid. Obviously the latter is a situation that could cause distress at a time when your loved ones are at their most vulnerable. We look in more detail at the possible situations that could occur later in this article.

Clearly the best course of action is to be fully informed before your sign the Will so that the unfortunate situation of intestacy does not materialise.

Here is a list of the 10 essentials for signing your Will correctly:

1. You must have two independent witnesses who must BOTH be present when you sign your Will.
2. Special rules may apply in circumstances i.e. for a blind person or someone who cannot read or write.
3. The witnesses MUST NOT be beneficiaries mentioned in your Will, and they must not be married to or in a civil partnership with a beneficiary mentioned in your Will.
4. Witnesses must be over the age of 18 years.
5. If you have any alterations to your Will, both you and your witnesses must each initial the alterations before signing your Will.
6. Date the Will and sign your name at the end of the Will at the attestation clause, and also at the bottom of each page.
7. Use black or blue ink and NOT a pencil.
8. Whilst still together, the two witnesses must sign the attestation clause and also at the bottom of each page. The witnesses must then print their names underneath and add their addresses and occupation.
9. Nothing should be attached to this Will by pin, clip, staple of otherwise or else it may be rejected by the Probate Registry.
10. As a final check, look through your Will to ensure that you have signed and dated your Will and that your two witnesses have also signed the Will.

If you are still unsure about signing your Will, you could always pop into your local firm of Solicitors who should be able to oversee the signing of your Will. It is worthwhile asking whether they charge for this service as some firms may and others may not!

The Rules of Intestacy – What will happen if you die without a valid Will

If you are married and worth under 250k your spouse will get everything.

If you are married and worth over 250k and have children your spouse gets personal chattels plus 250k plus life interest in half the residue. Children receive the balance and the first half on the death of that spouse.

If you are worth more than 250k and have no children then spouse gets personal chattels plus 450k plus 1/2 the residue. Parents will receive the balance.

If you are worth over 250k, have no children, no parents the spouse gets personal chattels plus 450k plus half the residue. Brothers and sisters receive the balance.

If you are married but have no children and are worth over 250k with no parents, children or brothers and sisters then the spouse gets everything.

If you are not married and have children the estate is shared equally between them.

If you are not married and do not have children then it is shared equally between your grandchildren.

If you are not married and do not have children or grandchildren then it is shared equally between your parents.

If you are not married and do not have children or grandchildren or parents then it is shared equally between your brothers and sisters.

If you are not married and do not have children or grandchildren or parents or brothers and sisters then it is shared equally between your grandparents.

If you are not married and do not have children or grandchildren or parents or brothers and sisters or grandparents then it is shared equally between your uncles and aunts.

If there is no relatives then the crown gets everything.

Again, all of the above situations can be avoided if you take good advice before and during the process of writing your Will. Be sure to look carefully at the company or individual providing the service as any mistakes could prove costly for your loved ones.