Proper Execution of Wills

The most critical aspect of making a Will is ensuring that it is properly executed. In the UK, there are strict legal requirements for signing and witnessing Wills. The law requires wills to be signed by the testator in the presence of two independent witnesses, and those witnesses must also sign in the presence of the testator.

In the above-mentioned recent case, whilst the testator and one witness both signed the will in front of one another, the second witness signed the Will at a later time and not in the presence of the testator. As such, the Will was invalid and the testator’s earlier will stood instead, the terms of which were significantly different.

As well as the basic legal requirements for witnessing a Will, the terms of your will could potentially be altered by your choice of witnesses. Witnesses must be independent and cannot be one of your beneficiaries, or their spouse or civil partner. These are all important issues to consider and ones which instructing a professional to draft your will should eradicate.

Ensuring suitable executors are appointed

Choosing the right executors is another important aspect of making a will. Being an executor is a serious responsibility, and it is essential to not only appoint trustworthy individuals but also to appoint people with an overall suitability for the role.

Having the organisational skills needed to be an effective executor is key, as well as some level of knowledge of the role and your estate. It is also important to consider any time constraints your chosen executors may face and whether they will have the availability to undertake the role properly. In some cases, it is also advisable to appoint executors who are impartial to avoid any conflict of interest or any legal challenges from being made against the estate.

Failing to Include Gift Over Provisions

A gift over provision is a clause in a will that provides an alternative beneficiary if the primary beneficiary predeceases the testator or is otherwise unable to inherit. This provision ensures that the assets are distributed according to your wishes, even if unforeseen circumstances arise.

For example, if a testator leaves their estate to their brother but the brother predeceases them, a gift over provision can specify that the estate should instead go to the brother’s children, or to another relative or friend. Without such a provision, the estate may be distributed according to intestacy laws, which might not align with your wishes.

Benefits of Seeking Professional Advice

Other issues can also occur without proper consideration having been given to the terms of your will. Drafting a will may seem simple, but it can be a complex process. Seeking professional advice can help you avoid common pitfalls and ensure your last wishes are upheld.

Some key benefits of consulting a professional include:

A legal professional has the expertise to navigate the complexities of Will drafting, ensuring that all legal requirements are met and that the will is properly executed.

Professionals can provide tailored advice based on your unique circumstances, helping you make informed decisions about your estate and beneficiaries.

Professionals can help you avoid common mistakes, such as improper witnessing, unclear provisions, or conflicts of interest, which can render a will invalid or lead to disputes.

Knowing that your Will has been drafted by a professional can give you peace of mind that your estate will be distributed according to your wishes, and that your loved ones will be provided for.

In the event of a dispute, a professional can provide guidance and support to your executors, helping to resolve issues and ensure that the estate is administered smoothly.

Be cautious with AI-generated Wills

With the growing popularity of artificial intelligence, some people are turning to AI tools such as Microsoft Copilot and ChatGPT to create their Wills. While these platforms may appear convenient and cost-effective, they carry significant risks. AI cannot provide personalised legal advice, and it may not recognise the nuances of your individual circumstances such as blended families, overseas assets, or vulnerable beneficiaries.

Moreover, a Will produced by AI may not meet the strict legal requirements for validity in England and Wales or may contain unclear language that leads to disputes. Relying on technology for such a critical document could ultimately result in delays, added costs, or your wishes not being honoured. A legal professional will ensure your Will is both valid and tailored to your situation.

Making a Will is vital to proper estate planning, but it is important to avoid any issues that can invalidate the document or lead to unintended consequences. By seeking professional advice, you can be sure that your loved ones will be provided for according to your intentions.