Martin Lewis, the financial expert, advises people to use either trustworthy online will-writing services or solicitors when creating a will. He highlights the importance of making a valid will to avoid family disputes and ensure your estate is distributed according to your wishes. For simple estates, online services are often sufficient and affordable, but complex cases should involve a solicitor.
Frequently Asked Questions
The three tests for mental capacity to make a will in the UK are based on the ‘Banks v Goodfellow’ legal criteria. First, the testator must understand the nature and effect of making a will. Second, they must comprehend the extent of their property and assets. Third, they must appreciate the claims to which they ought to give effect, such as those of family members. The testator must not suffer from any mental disorder that influences their decisions. Meeting these tests ensures that the will is valid and represents genuine intentions.
A valid will in the UK must be in writing, signed by the testator (person making the will) or by someone else in their presence and by their direction. It must be signed in the presence of two independent witnesses, who also sign the will. The testator must be of sound mind, understand the nature of the document, and not be under undue influence. Meeting these criteria ensures the will is legally binding and enforceable after death.
A valid will in the UK must be in writing and signed by the testator or by someone else at their direction and in their presence. It must be witnessed by two independent adults who sign the will in the presence of the testator. The testator must have the mental capacity to understand the nature of making a will and the extent of their estate. They should also be free from any undue influence. These requirements ensure the will is legally enforceable and that the testator’s wishes are honoured after death.
If you die without a will, known as dying intestate, your estate will be distributed according to the UK intestacy laws. These laws prioritize close relatives such as spouses, children, and parents, but the distribution may not reflect your personal wishes. Intestacy can also lead to family disputes, delays, and additional legal costs. Writing a will is the best way to ensure your estate goes to the people you choose.
When someone with a Post Office account dies, the account is frozen to prevent unauthorized withdrawals. The executor or administrator of the deceased’s estate must provide legal documents proving their authority to access the funds. Once verified, the executor can manage or close the account to distribute funds according to the will or intestacy rules.
The “3-year rule” in the UK generally refers to inheritance tax (IHT) on gifts made before death. If the person who died gave away money, property, or assets within three years before they passed away, the full value of those gifts may still be subject to IHT. If the gift was made more than three years but less than seven years before death, a sliding scale of tax (called taper relief) applies. This rule is designed to prevent people from giving away assets shortly before death to avoid paying tax. Executors must declare such gifts to HMRC when applying for probate. Planning ahead with professional advice can help minimise tax liabilities and protect your estate for your beneficiaries.
One of the biggest mistakes people make when creating a will is not updating it after major life events. Marriage, divorce, the birth of children, or changes in assets should all prompt a review of your will. Another common mistake is failing to sign and witness the will correctly, which can make it invalid under UK law. Some people also forget to appoint a suitable executor or to clearly state how they want their assets divided, leading to confusion and disputes. DIY wills can save money upfront but may create legal problems later. For peace of mind, it’s best to have your will drafted or reviewed by a legal professional. This ensures your will meets all legal requirements and reflects your true intentions.
One of the biggest mistakes with wills is not keeping them up to date. Life events such as marriage, divorce, births, deaths, or acquiring new assets can all affect how your estate should be distributed. If your will is outdated, it might not reflect your current wishes, which can cause confusion or disputes among beneficiaries. Another common error is improper signing or witnessing of the will, which can make it invalid. Failing to clearly name executors or leaving vague instructions can also cause delays during probate. Regularly reviewing and updating your will ensures it stays legally valid and accurately represents your intentions.
A will can be declared invalid if it fails to meet UK legal requirements. Key factors include: the will must be in writing, signed by the testator (the person making the will), and witnessed by two independent adults not named as beneficiaries. A will signed under duress, or with fraudulent or undue influence, can also be invalid. Mistakes such as missing signatures or improper witnessing commonly cause wills to be rejected during probate.
