How do I know if my
Will is valid?
We’re very often asked the following questions:
‘How do I know if my Will is valid?’; ‘How long does my Will stay valid for?’ and; ‘Can I make any changes to
my Will?’ The following article will address these questions as well as some rumours that we’ve heard over
the past few weeks regarding the validity of Wills.
‘How do I
know my
Will is valid?’
As soon as your Will has been signed correctly it becomes a valid
legal document. You must also have two witnesses present with
you as you sign the Will. Your witnesses can be anybody you
like, but they cannot be beneficiaries or be married to or is a civil
partner of a beneficiary otherwise they would not be entitled to
gain anything from the estate.
We have heard reports of people in certain professions such as
teachers being contacted to tell them that the law has changed
thus invalidating their Will. Another rumour is that after 3 years
have passed a Will is no longer valid, however this is simply not
the case as there are no time limits placed on Wills. Once it is
signed it becomes a valid legal document and will stand until
you either write a new one or destroy it. It is worth bearing in
mind that marriage revokes a Will unless the Will says otherwise.
‘How long
does my Will
stay valid for?’
‘Can I make
any changes to
my Will?’
It is advisable to review and update your Will periodically,
usually every 3-5 years, especially if there are any changes in
your personal circumstances such as marriage/divorce or the
birth of any children/grandchildren that you’d like to provide
for. If you think your Will needs changing or updating in any
way, we strongly advise against making any amendments
yourself. Please do not write on, or pin/clip anything to your
Will as this can often lead to questions around your intentions
and may also not be legally valid. It may also lead someone to believe your Will has been tampered
with which could bring about a claim on your estate after you have passed potentially causing a lot of
heartache for your family and unnecessary expense.
If you need to make any changes, small additions can be made by way of a codicil however it’s advisable
to instead have an entirely new Will written to avoid any uncertainty. Most Will Writers offer update services
and will keep in touch during your lifetime to ensure that your document still suits your needs. However, if
you’re ever unsure the best thing to do would be to contact them or the Society to seek advice.
If you do not yet have a Will and would like to speak to a member of the Society to get started, please visit
our find a member page, or give us a call on 01522 687 888 and a member of the team will be more than
happy to help you.
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the society of will writers