Make sure your will is valid and reflects your intentions

Independent witnesses

In order for your will to be valid in the UK, it must be written and signed by you in the presence of two independent adult witnesses. Your witnesses must also sign it in your presence. 

It’s important to note that your witnesses are unable to benefit under the will, so you can’t ask your adult children who are beneficiaries. This rule is in place to safeguard against undue influence over the testator regarding provisions included in the will. 

If you have a will drafted and for any reason cannot meet with your witnesses in person, regulations allow your will to be signed remotely (for example by video conferencing). You just need to make sure that they each have a clear view of the act of signing the will. 

Reviewing and updating your will

Things change and leaving an out-of-date will could mean your assets won’t go where you now want them to. Once a will is in place it can be reviewed and updated at any point in the future. 

Should you wish to make any revisions to an already valid will (for example to change the executors) this can be achieved via a codicil. The benefit of using a codicil is that, providing their entitlements are not affected, beneficiaries may act as witnesses. 

It’s also perfectly acceptable for you to update your letter of wishes yourself and there are no witnesses required for this. However, while your executors have a duty to act in accordance with such letters, they are not legally binding in the same manner as a will or codicil.

If you’re thinking about retirement and safeguarding wealth for your family’s future, ensure you have an up-to-date will that’s flexible enough to deal with changes in circumstance.

What should you do?

Ensure you have a will in place that aligns to your wishes and is signed by two witnesses. If you already have a will in place, be sure to review and update it whenever your circumstances or wishes change. You should also consider estate planning now to take advantage of tax saving opportunities during lifetime and minimise the Inheritance Tax due on death, leaving more of your wealth to your loved ones when the time comes. 

Fill out the form below and our experts will be in touch to review your estate planning options and any existing will, and discuss your desired outcomes so you’re clear on the tax implications. On the basis of such discussions, we’ll then provide instructions to either a solicitor we work closely with, or your own solicitor, who will draft/update your will for you. We can also advise on putting powers of attorney in place, and are regulated and insured to provide probate and estate administration services.