What makes a Will valid?

September 10, 2025•1 min read

Transcript below.

Another question is, what makes a Will valid?

Again, very good question.

Well, a Will first of all has to be written. And secondly, it has to be for somebody who at the time of doing the Will, they were fully aware of the consequences and the things that they were actually deciding to do.

They must have at the time of doing the Will, the mental capacity to actually understand fully what that is. So if somebody was ill or had an accident, they cannot do a Will, nor could they change a Will if that was the case.

The Will also has to be witnessed by two independent people at the time that the person's Will it is, signed the Will.

So if it was your Will, when you sign it at that time, two independent witnesses have to sign the Will to say that's you, that's your signature.

They have to be over the age of 18 and they must not be beneficiaries within that Will.

Andy Rowden

Andy Rowden is the founder and director of Your Secured Legacy.

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Frequently Asked Questions

What happens if I die without a Will?

If you pass away without a Will, your estate will be distributed according to the laws of intestacy, which may not reflect your wishes. This can lead to delays, family disputes, and unintended outcomes, such as loved ones being excluded. Alternatively, your estate could end up on the hands of the government.

How can I ensure my children are cared for if I pass away?

You can name guardians in your will to care for your children if you die while they are under 18. This ensures your wishes are clear and legally binding.

Can I leave money to charity in my Will?

Absolutely. Leaving a charitable donation in your Will can be a meaningful legacy and may reduce inheritance tax on your estate.

We are proud supporters of Remember a Charity.

What happens if my executor dies before me?

If your chosen executor dies or is unable to act, the responsibility may fall to an alternative executor named in your Will. It’s wise to name a backup executor for such situations.