What is a valid Will #
When you make an application for Probate to the Probate Registry you must submit the original Will to be proved.
In order for a Will to be valid, it must be:
- Made by a person who is 18 years old or over and
- Made voluntarily and without pressure from any other person and
- Made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who may inherit and
- In writing and
- Signed by the person making the will in the presence of two witnesses and
- Signed by the two witnesses, in the presence of the person making the will, after it has been signed.
A witness or the married partner of a witness cannot benefit from a Will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the Will is still valid, but the beneficiary will not be able to inherit under the Will.
The Will will be still be legally valid even if it is not dated.
If you can only find a copy of the Will please read What if I can only find a copy of the Will?.
What is a Codicil #
A codicil is a straightforward document that needs to be signed and witnessed in the same way as a Will. It allows you to make amendments to an existing Will instead of completely re-writing an already written version.
There are no rules about what you can change using a codicil – it could be anything from a single word to many different sections of your Will.
A codicil has to be signed and witnessed in the same way as the original Will, but does not need to use the same witnesses.
Did the Deceased have any wills made outside of England and Wales #
You are required to state if the Will is foreign.
In accordance with provisions of the Wills Act 1963, for all deaths occurring after 1 Jan 1964, a foreign Will may be considered valid in England and Wales if it was prepared in accordance with the requirements of the national law of the country in which it was executed or if it was prepared in accordance with the national law requirements of the country of which the person making the Will either at the time of execution of the Will or at the time of his death, was a national, had a habitual residence or domicile of.
What is an Executor? #
An Executor is a person named in a Will who sorts out the estate of the person who has died. There normally would be more than one and up to 4 Executors can be appointed under a Will
An Executor of an estate will have a number of responsibilities, such as:
- Making sure the property owned by the person who has died is secure, as soon as possible after the death.
- Collecting all assets and money due to the estate of the person who has died (including property).
- Paying any outstanding taxes and debts out of the estate.
- Distributing the estate to the people who are named as beneficiaries in the Will.
Please Note: You must list all Executors appointed on the Will in the Executors table of the ‘Listed Executors, Beneficiaries and Charitable Beneficiaries’ within ‘Stage 1 > The Will’.
If any Executors cannot or do not wish to apply please read What if an Executor cannot or does not wish to act.
Bequests to Beneficiaries listed in the Will #
There are different types of legacy (bequests), and it’s useful to understand some of the most common, which include:
A Pecuniary Legacy (Specific Monetary Entitlement Bequest): A fixed sum of money have been left to a particular person. For example, £5,000 was left to a cousin of the deceased.
A Residual Legacy (Specific Percentage of the Residual Estate Value Bequest): The remaining assets in the Estate are left to a certain person or people. These beneficiaries will receive the ‘residue’ of the Estate, which is the net balance after and tax, debts and other legacies (bequests) have been paid. If the residue is left to more than one person, the proportion each person should receive will be instructed in the Will.
A Specific Legacy (Asset Specifically Willed to a Beneficiary): The deceased instructed a specific item to a specific person. For example, the deceased left their engagement ring to their granddaughter.
A Charitable Legacy (Charitable Beneficiary): A gift to charity left in the Will. This will be tax exempt. For information please read Assets passing to a Charitable Beneficiary.