Wills and Estates : Wills

A valid Will is a document, signed by the Will maker, and witnessed by two independent adult witnesses, who are not beneficiaries or related to the beneficiaries.

The document must "express your testamentary intentions" i.e. to show it is intended to take effect after the death of the Will maker.

A Will has no effect during the life of the Will maker. The fact that an executor is appointed in a Will, gives no authority to that person during the life of the Will maker. A Will "speaks from the time of death" and refers to assets owned by the Will maker as at the date of death.

A properly drafted Will ensures all assets are disposed of i.e. it should contain a residuary clause. One never knows what assets one will have at the time of death.

Whilst specific items can be left to beneficiaries it is best to use "general terms" in describing legacies. If a specific gift referred to in a Will is not owned by the Will maker at the time of death, the gift fails.

It is also important to nominate substitute executors and beneficiaries, because we never know who will go first.

The expense of making a properly drawn Will and ensuring it is properly executed greatly outweighs the cost of not getting it right.

We have Solicitors at each of our offices who can assist you prepare a valid Will which properly expresses your wishes.

Law 9000 Lic.Law 20008 SAI Global