What Is Required For A Valid Will?
To validate a will one needs to fulfil certain requirements. The will act of 1987 lays down certain requirement validate a will this is done to ensure the fact that will is being protected from fraudulences and misusage. This formalities are set to assure the fact that a person signing a will understand its importance and the effect it may cause in the future.
Minimum age for writing a will
According to the law of England and Whales a person who is or above the age of 18 can make the will under the circumstance where the person understands the consequences of making the same. The person should have the mental capacity of understanding its validity and values. However there are some of the circumstances (For instance the member of army or seamen) where a person can make a will even if the person is below the age of 18.
The mental capacity act 2005
The word “Mental” capacity as written in the mental capacity act of 2005 stops the misuse or the fake practice of will. A person is considered to be in the right mental capacity in the circumstance when the person is able to understand the fact that they are making a will and its consequential effects. Furthermore, the person needs to have the basic idea of what they own. The person should also be able to recognize the parties who will receive the estate. Lastly the mental capacity of the person is validated if the person doesn’t have any symptom of mental illness.
What are the formalities associated with writing a will?
The will must be in the form of writing (thought there are exceptions for mariners and soldiers). The author of the will or the testator must put their signature in the will and in the circumstance when the testator is physically incapable of signing it, the testator may ask someone else to sign on his/her behalf in his/her presence. The testator must intend to legally bind the will. Alongside there should be two witnesses present during the time of signature and the witnesses should also put their signature to validate the will.
Laws associated with marriage and divorces
If the marriage happens after the execution of the will than the will is being revoked. This can be prevented with the expression of the testator that they are intending to get married. The expression of the intention is not enough but the testator also needs to mention the name of the spouse. A spouse deem to die for the will in the circumstance where the testator divorces the spouse after making a gift.
Gift’s validity
A witness of the will is not eligible for gifts. Proper care must be taking for validating a gift as the rules of inheritances is not a straight forward list of what one gets if someone dies.
Amendment validity
The process of amendment follows the same procedure of making a will. An amendment can only be executed if the testator and the both the witnesses are willing to sign.