Legally Binding Will

How to make a will ‘legally binding’ 

Your will is the best place to set out what you want to happen to you, your loved ones and your money when you die. Here we explain exactly how to make sure your wishes are legally binding.

The myths

Most people think they have to spend hundreds of Pounds going to see a solicitor or law firm to get a legally drafted will – and they often think that it will take days or sometimes even weeks to get it completed.

The truth

Whether you write your will online or with a local solicitor or a large law firm, you need to print and sign it in front of two witnesses to make it legal – and you need to make sure they both witnesses sign it too. One of the most important rules here is that the witnesses can’t be beneficiaries of your will, or married to beneficiaries, otherwise they won’t get any gifts you intended to leave them.

Is that all there is to a legally binding Will?

Well, yes and no. Yes, your signature and that of your witnesses is the key to making your will legally binding, but there are other steps you can take to help your executors follow your wishes. That’s where the wording of your will becomes so important.

Let me give you an example. Imagine you want to leave your car as a gift to your daughter. In your will, you could write: “I give my Mercedes C200 to my daughter”. But then two years later you sell the car and replace it with a Vauxhall Astra and this is the car you owned at the date of your death; your wishes could be contested. To avoid confusion in this scenario, you could amend your will to say: “I give my car at the date of my death to my daughter” – that way, your car would still be passed down to your daughter, no matter how many times you change it in the future.

How can I stop my will being contested?

The best way to prevent your will from being contested is to get it checked by a wills expert – which is exactly what happens when you write your will with Probate Specialist Limited. By reading through everything word for word and double checking it, we can make sure that you haven’t left anything open to interpretation or made any minor mistakes that could cause problems later. If we spot something that can be improved or clarified, we’ll let you know right away.

We always provide you a draft of your proposed will for your inspection, prior to going to print on your will. This way we are sure you have will that is totally customised and suits your wishes. We will gladly store your Will free of charge in a safe and secure document storage facility, this will include the storage of you Last Will & Testament(s) and associated paperwork. The storage facilities are fire proof, water proof and have the latest in security measures, this ensures that your original documents are kept in pristine condition until such a time as that they are required. All you have to do is make sure that people know that we have your Will. It is essential that your Will is kept in an immaculate condition when submitted to the Probate Registry in order to prevent any delays or rejection of a will which can be caused by the Probate Court believing that the will has been tampered with. * Please note that a Will that has been taken apart even for photocopying can be rejected by the Probate Court. Your Will in our care will remain in pristine condition.