Important documents, Wills let us control how our assets are distributed after we die. They appoint individuals to manage our interests, guardians to care for minor children, ensure our wishes are honoured and our dependents provided for.
With no Will, it is left to the state to determine the distribution of assets, which doesn’t always align with our personal preferences. As a result, it is essential to make sure your Will is legally valid. Here, we answer the question “is a handwritten Will legal” in detail.
Are handwritten Wills legal in the UK?
The short answer is that a homemade or handwritten Will is legal in the UK, as the Wills Act 1837 does not dictate a specific format for Wills. However, to be considered valid, it must comply with specific requirements that are outlined in the Act. In brief, the Will must be drafted correctly and be witnessed and signed.
The person making the Will, known as the testator, must sign it in front of two witnesses who are not beneficiaries of the estate. Then, each of the two witnesses add their signatures to the Will with the testator present. If this does not happen, the testator’s Will won’t be considered legally valid.
Although these are the key legal requirements, several other factors can stop a person’s Will from being considered legally valid and usable in the administration of their estate. Even writing the most straightforward and simple Will can be a complex process. As a result, for complete peace of mind, it is always advisable to seek qualified legal advice from a solicitor with experience in Will writing.
Potential problems arising from handwritten Wills
Although legal in the UK, a handwritten Will can have significant drawbacks compared to a document drafted by a legal professional. For instance, if they use informal language or include unclear wording, Wills become ambiguous and may be open to misinterpretations that lead to disputes. Homemade Wills are also more likely to include errors in grammar, punctuation and spelling that can also cause issues.
Handwritten Wills are often less formal than those drawn up by solicitors, which can make them more likely to be challenged. Even when Wills are valid, probate is often still required. A complex process under any circumstances, when a handwritten Will is involved that contains potential ambiguities, obtaining a letter of probate can be a more challenging and lengthier task.
What makes a Will invalid?
A personal Will can be considered invalid for several reasons; chief among them being if the Will was not correctly signed and witnessed. If the testator is believed to have insufficient mental capacity when they wrote the Will, or was influenced or coerced while making a Will to include certain beneficiaries or provisions, the Will may be invalidated. Additionally, if the Will is found to be forged it Will also be invalid.
What happens when there is no Will?
Regardless of age and circumstance, it is wise to write a Will and update it periodically to ensure it reflects your wishes, even when you are single and without a partner, children and/or property. However, certain life events often trigger writing a Will, like getting married, having children, buying a house, owning a business or getting divorced. To ensure that your estate passes according to your desire and to avoid unnecessary disputes, it is critical that you make a Will and ensure that it is valid.
If a person dies without a valid Will, their estate is administered according to the rules of intestacy. In both England and Wales, after an individual dies intestate, the 2014 Inheritance and Trustees’ Powers Act dictates how the estate is administered.
If the deceased is in a civil partnership or married, assets up to a set value (£322,000) pass to their surviving partner, with the rest divided in half and shared between their partner and children. When no children are involved, all assets pass to the partner. If a person dies who is not married or in partnership, the estate goes to first their parents, then siblings and then other relatives. If no living relatives exist, the full estate goes to the Crown.
If you need Will writing solicitors in North Wales, we can help. At Bennett Smith Solicitors, we are experts on Wills and Probate. Reach out to us today for assistance and advice.
