Will Attestation Process
When you've taken time out to plan and write your Will, you need to be aware that a Will isn't legally binding until it is "attested" properly.
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The Attestation Process - Making it Legal! - In order to make your wishes in your Will valid and binding in the eyes of the Law, it has to comply with the rules established under Section 9 of the Wills Act of 1837.
The Act which states that "no Will shall be valid unless:
- It is in writing, and signed by the Testator, or by some other person in his presence and by his direction; and
- It appears that the testator intended by his signature to give effect to the will; and
- The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
Each witness either:
- attests and signs the will; or
- acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary".
Revoking (voiding) all previous Wills- When you've signed, dated and witnessed your Will correctly, you should bear in mind that you are superceding and replacing any former Will that you might have made. With that in mind, you should always make sure that any previous Will is located and destroyed.
It's also incredibly important that your Executors are fully aware of the fact that you have written a Will and that they know where your new Will is stored - if no Will can be found in the event of your death, as far as the Law is concerned, you will have died Intestate!
It is also very important to be aware of the fact that Marriage automatically revokes any Will you have in place - unless, it's been written with an "in contemplation of marriage" clause.
If your Will is being made in contemplation of marriage, the act of getting married won't void your Will, so it's important that if you are planning to marry or enter into a registered Civil Partnership to ensure that that clause is included in your Will
Getting Divorced - strangely, should you get divorced, that act DOES NOT void your Will, so clearly at such a time it will be very wise to consider writing a new Will since it is very likely that in such circumstances your wishes may have changed completely!
Finally - Regular Will reviews Our situation changes often during our lifetime making it vitally important to review and update your will regularly, so that you can have the peacew of mind in knowing that your Will always reflects your wishes when you die
Somebody famous once said... If we could hold a party a bring back everybody who'd died that day, firstly, it would be an amazing gathering, and secondly, they'd all have two things in common:
- 1. They're all dead
- 2. It came as a great suprise!