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Formalities For A Will - Requirement For Testamentary Nature

By Stan Taylor Written on:




Want to make a start on your will?

Making a will is simple

Making a Will is not about wealth it is about making sure that what you want to happen to your estate does happen. It gives you the opportunity to specify such things as who will administer your estate, who will care for your children and who will receive specific items of your property.


The document must be clearly intended to take effect on your death. In order to be a provable will, i.e. one admissible to probate, the document must have been drawn up with what the law calls animus testandi.

This means that, whatever form the document takes, it is essential that it shows that the maker intended it to deal with the distribution of his property following his death. It is therefore important that the document can be readily distinguished from a gift intended to take effect during the maker's lifetime.

Requirement for soundness of mind

The testator must be of sound mind. He must also have full knowledge of, and approve of, the contents of the will. For the moment, it may be noted that lack of knowledge and approval of the contents of a home-made will is extremely unlikely.

Contrary to popular belief a will does not usually begin with the words, 'I Fred being of sound mind and body,' nor is it usually read out at the funeral of the testator. Both these notions belong firmly in Hollywood.


More on - Formalities For A Will - Age Requirement or Formalities For A Will - Date Of Will


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see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English laFree Will download

 

Perhaps you might consider taking legal advice from a solicitor about making a will if any of the following apply to your circumstances:

 

  1. A number of people could make a claim on your estate when you pass away because they depend on yourself financially
  2. You want to include a trust in your will (perhaps to provide for children, to save tax, or simply protect your assets in some way after you become deceased)
  3. Your physical and permanent home is not in the UK and / or you are not a British citizen
  4. You live here in the UK but you have additional property abroad
  5. You own all or part of a UK business.
  6.  

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English law.

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