Sunday 2 October 2011

Signing Your Will

Article by
Sharon Brown
The legal term for the signing and witnessing element of writing a valid Will is called attestation.

The testator (person making the Will) must sign the Will in the presence of two independent witnesses, who should then sign, print their name and add their address and occupation beneath the testator’s signature. These details are needed in case a problem arises with your Will after your death, as your witnesses may be asked to provide evidence, confirm it was you who signed the Will, etc.

Whilst this may sound very straightforward, faulty attestation is one of the most common reasons Wills are found invalid.

If you prepare your Will through us, this would not be an issue as once you are happy with your Will we go through the attestation with you and provide witnesses.

However, this is a big problem with DIY wills. If the will is not reviewed during the lifetime of the testator significant problems could arise after his or her death and if the will is invalid could mean that the estate passes under the Intestacy Rules.

If you have any concerns or wish to arrange a free Will review please email or telephone 01992 422128  and ask to speak to a member of the Private Client team. Tel: 01992 422 128

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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