The document discusses the importance of making a will and the legal requirements for wills to be valid. Some key points: - 65% of adults in England and Wales do not have a will, often due to ignorance of laws, superstition about death, or putting it off. - Having a valid will ensures your wishes are followed, provides for loved ones, and avoids disputes. It allows you to appoint executors and guardians. - Legal requirements for a valid will include being over 18 years old (or younger for armed forces), sound mental capacity, being in writing and signed by the testator in front of two witnesses. - If no valid will exists, the rules of intest

2. Wills Workshop
Surveys indicate around 65% of the adult
population in England and Wales have
NOT made a Will

3. Why don’t people make
Wills?
• Ignorance of the law
• Superstition
• Don’t like to consider death
• Something to be put off until tomorrow
• Nervous about visiting lawyer/cost

4. Reasons to make a Will
• Ensure your wishes are carried out
• Provide for your loved ones
• If you don’t leave a valid will your estate
will pass in accordance with the Rules of
Intestacy
• Appoint Executors/Trustees – choose
people you trust to administer your estate

5. Reasons to make a Will
• Appoint Guardians for your minor children
• Specify your funeral wishes
• Obtain estate planning advice/how to
protect assets
• Avoid unnecessary disputes

6. Important points to consider when
appointing Trustees and Guardians
• Must be over 18 years of age.
• Should be honest and trustworthy
• Practicalities – are they capable of doing the
job/is their location going to prove difficult ie
living abroad
• Preferably not in dispute with other members of
the family/get along with co-executors/trustees
• Be willing to accept the appointment

7. Legal Requirements for a valid Will
Testator (person making the Will) must be of sound mind
Testamentary capacity is as set out in the case of Banks v
Goodfellow (1870) per Cockburn LJ
“…a testator shall understand the nature of the act and its
effects; shall understand the extent of the property of
which he is disposing; shall be able to comprehend and
appreciate the claims to which he ought to give effect
….”

8. Legal Requirements for a valid Will
Testator must be aged 18 years or over
Will must be in writing
Will must be signed by Testator or signed on his behalf
in his presence under his direction
Validly witnessed (two witnesses in presence of
Testator)

9. Legal Requirements for a valid Will
Some exceptions
Age 18 requirement: It is possible in certain
circumstances for members of the armed forces
to make a will under age 18 years
Testamentary capacity: Under the provisions of the
Mental Health Act 1983, the Court of Protection
may approve the making of a Will or codicil on
behalf of someone who is mentally incapable of
doing so themselves (a statutory will)

10. Legal Requirements for a valid Will
Who can be a witness to a Will?
Anyone who is:
• Not blind
• Understands the nature and effect of witnessing a Will
Who should not witness a Will?
• Anyone who is a beneficiary of the Will
• Anyone who is married to/civil partner of a beneficiary
named in the Will

11. What happens after death
If you have made a Will
• Your Executors derive their power from
the Will and may insure property and take
steps to protect the estate
• Your Executors will make application for a
Grant of Probate to administer your estate

12. Estate Planning
• Inheritance tax (IHT) current nil rate band
2014/15 £325,000 rising to £329,000 in 2015/16
• Married couples and civil partners are able to
transfer an unused nil rate band
• Married couples have £650,000 free of IHT
available in the current tax year
• Annual gifts of £3,000 exempt from IHT
• Gifts made more than seven years before death
outside estate

13. Trusts within your will
• Funding nursing care
• Protecting half value in home using trusts written
into your will
• Life interest trusts
• Discretionary trusts
• Trusts for minors

14. What happens after death?
If you have not made a Will
• It is necessary to determine who is entitled to
apply for a Grant of Letters of Administration
(see our next slide explaining the Rules of
Intestacy) to be appointed as Administrator of
the Estate.

15. Rules of intestacy in
England and Wales

16. Any questions?