1st February 2023 ❘

Can I make a Will myself?

One of the most common questions our Wills, Trusts and Probate team is asked is ‘Can I make a Will myself?’ The short answer is you can, but it’s complicated. James Worsick, one of our Solicitors in our Wills, Trusts and Probate team, answers the question for you in more detail…

“You can make a Will yourself but it is not recommended as there are all sorts of mistakes that can be easily made which would leave all or part of your Will invalid and your estate passing to people that you didn’t intend to benefit.”

“The key legislation setting out how a Will must be created dates back to 1837 and although the rules have been around for such a long time, the intricacies of the law are not well understood, causing many homemade Wills to be invalid.”

“For your Will to be valid, you must:

  • Sign it with the deliberate intention of the document being your Will
  • Sign it in front of two appropriate witnesses (present at the same time)
  • Get the two witnesses to sign it in your presence

“Aside from ensuring the Will itself is valid you must also ensure that the clauses within the Will are going to allow your wishes to be correctly carried out. Badly worded clauses can create a Will that fails to meet your intentions and can leave part or all of your estate passing to unintended beneficiaries. To ensure that your Will is effective at carrying out your specific wishes, you should ensure that:

  • The beneficiaries are identifiable
  • The subject matter of gifts, be that cash, property or personal possessions are accurately described
  • You keep your Will up to date with any changes in your circumstances or wishes

“To ensure everything you have worked so hard for goes to those who you want to benefit, make sure your Will is valid. Give yourself peace of mind and ensure that your loved ones have no problems with your Will at an already difficult time.”

If you’ve got more questions about making a Will James and the team can help – just get in touch – you can ring us on 01228 552222 or email us – hello@burnetts.co.uk.