What you should know.

Wills Act 1837 - execution requirements

For your will to be valid in England and Wales it must be:

• In writing.
• Signed by you (the testator) - or signed by another person in your presence and at your direction.
• Signed in the presence of two witnesses present at the same time, who must each then sign in your presence.

Witness rules - critical

• Witnesses must be 18 or older and have mental capacity.
• A witness must not be a beneficiary of your will, nor the spouse or civil partner of a beneficiary. If they are, the gift to that beneficiary will fail.
• Witnesses do not need to read your will - only see you sign it.

Mental capacity & undue influence

Before signing, you must confirm that:

• You understand the nature of the document and its effect.
• You understand the extent of your property.
• You are aware of those who might reasonably expect to benefit.
• You are not acting under pressure or influence from any other person.

Situations to be aware of

Some situations are more involved than others. Our Complexity Detector flags any of the following during the build so you can address them before signing:

• A complex or blended family situation.
• Foreign property or assets, or domicile abroad.
• A business, farm or significant investments requiring trust planning.
• Concerns about a future challenge to your will.
• An estate likely to attract Inheritance Tax planning needs.

Assisted-mode declaration

Where a Trusted Hands advisor assists in completing your will, every step is confirmed back to you and recorded. The advisor is recording your wishes - not advising you what they should be. If you would like advice on what to do, we will refer you to a qualified solicitor.