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While You Are Alive

Making a Will

Making a Will is free, and you can change it.

If a Will is in writing, signed by the “testator” who had mental capacity at the time, and the signature is witnessed (by one or more people who are not “beneficiaries”), it will usually be valid. There is no requirement to register it, so it is free to make a valid Will.

However, of course, it will be better to have the Will drafted by a lawyer, because there can be complications and dangers about how it is worded. It is also sensible to have legal advice because predicting the future is not always possible, and lawyers have experience in wording a Will to take account of things changing.

However, you can always change a Will by making a new one — or by getting married, which makes earlier wills void (unless made “in contemplation of marriage”).

See how it can get complicated, with the words above in “quotes”.

I do not advise drafting your own Will, except in an emergency. This website has questionnaires for simple family situations and complicated ones; I can review the answers and advise you on the amount of time it would be sensible to spend on drafting one for you.

There are “free wills” websites, and they are worth every penny. Many of the “free wills” guides quote frightening statistics that around 40% of the population have not made a will.[1] This is not a helpful statistic, because sadly around 20% of the population do not have any significant savings — so the last thing they care about is who inherits their debts. (Do not worry: debts do not pass to relatives, but they do have to be paid out of a deceased’s estate, if she does leave anything.) If you have money problems, there are agencies who can help.

But even if you have no savings or property to leave, what about children, and guardianship? A Will may be useful even if you are not rich.

  1. The accuracy of these estimates is doubtful, since Wills do not have to be registered, unlike Lasting Powers of Attorney. Even the “National Will Register” is a for-profit private enterprise which, in any sensible society, would be a government agency.

It is not possible to list every difficulty, danger and quirk of the law relating to Wills — but here are some, for information.

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