Making a Will - Legal Advice Helpline

For a Will to be valid, the following requirements must be satisfied:

• The person making the Will must be aged 18 years or more
• The Will must be made voluntarily, without any pressure from any other person
• The person making the Will must be of sound mind and fully aware of the document being written or signed.
• They must also be fully aware of the property concerned and the identity of the beneficiaries
• A Will must be made in writing
• It must be signed by the person making the Will
• Two witnesses must also sign the Will in the presence of the person making the Will
• The witnesses must not be persons, or married to person, who is a beneficiary
• Although it does not make the Will invalid legally, the Will should be dated on the day that it is signed

What should I include in my Will?

It is worth thinking about your Will before you speak to a solicitor so that you have some clear thoughts as to what you would like to be included in your Will.

Things to consider:

• Your money, property and possessions.  For example property, savings, pensions, insurance policies, shares etc.
• Who your beneficiaries will be and whether you wish to leave any money to charity.
• Arrangements for any children or dependants.
• Who will be the executors of your Will (Executors carry out your wishes and sort out your estate).
• Your Executors will deal with all of the paperwork, pay any debts, taxes or funeral costs and be responsible for transferring any money or property to beneficiaries).

Who should I choose as executors?

It is very important to give careful consideration about who you want to appoint as executors. It is a great responsibility and the people that you are considering should always be approached to ensure that they agree to undertake this task. If someone is appointed unwillingly, they have the right to refuse.

It is recommended that at least two people are appointed as executors as this reduces the risk of problems arising should one of them die. It is more common to appoint two, but up to four people can take on the responsibility of being an executor.

If an executor dies, any other surviving executor(s) can deal with the estate. If there are no surviving executors, legal advice should be sought.

Executors are usually appointed from the following:

• Friends or relatives
• Solicitors or Accountants
• Banks
• In England and Wales, the Public Trustee or in some cases the
• Official Solicitor if there is no one else willing and able to act.

How much will it cost?

At Legal Advice Helpline, our solicitors will ensure that your Will meets all legal requirements and includes all of the necessary information giving you peace of mind that everything will be taken care of as you would wish.



Scottish law on inheritance differs from English law. The Scottish Executive's 'Rights of succession' guide explains what happens if someone dies in Scotland without make a will.

If you need advice about making a will, contact Legal Advice Helpline on 0845 600 6984 to speak to one of our specialist advisors about who are waiting for your call.