The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
Once the Will has been obtained, check both it and any codicil comply with the legal requirements for a valid Will.
Check the Will:
has been executed and in accordance with the appropriate formalities
has not been revoked by operation of law on marriage/civil partnership divorce, dissolution or nullity
has not been revoked by deliberate act of the testator by later Will or codicil or destruction
has not been altered
was made when the testator or testatrix was over 18 or if they were a minor, that they were a soldier on actual military service or a mariner or seaman at sea
is clear of staple marks
does not have any pages missing
Establish you have the latest Will.
The testator must:
have the capacity to make a Will
have the intention to make a Will and
comply with the prescribed formalities
To establish a Will is valid the Will must:
be in writing
be signed by the testator or by some other person in their presence and by their direction
give the appearance that the testator intended by their signature to give effect to the Will
have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time
be witnessed and each witness must attest
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