How do I know that my Will is valid?

Questions that we receive regularly include “How do I know that my Will is valid?”; “For How long does my Will stay valid?”; and “Can I make any changes to my Will?”

How do I know that my Will is valid?

As soon as your Will has been signed correctly it becomes a legally valid document. You must also have two witnesses present with you as you sign your Will, and you must all 3 see the other 2 sign your Will document respectively. Your witnesses can be anybody you choose, but they cannot be beneficiaries or be married to or in a civil partnership with a beneficiary otherwise this would forfeit any benefit they are due from your estate.

For How long does my Will stay valid?

We have heard reports of people in certain professions being wrongly informed that the law has changed, thus invalidating their Will. Another “myth” is that Wills “expire” after 3 years. This is not the case as there are no time limits placed upon the validity of a Will. Once it is signed it becomes a legally valid document and will remain so until you either arrange a new one or destroy it. It is worth bearing in mind that marriage revokes a Will unless the Will categorically confirms otherwise.

Can I make changes to my Will?

It is advisable to review and update your Will periodically, usually every 3-5 years. Especially if there have been any significant changes to your personal circumstances such as marriage, divorce, or the birth of children/grandchildren. If you think your Will needs changing or updating in any way, we strongly advise against making any amendments yourself. Please do not write on or attach anything to your Will as this can often lead to questions around your intentions and may also invalidate your Will. It may also lead someone to believe that your Will has been tampered with, which could bring about a claim against your estate potentially causing problems and additional expense for your family.

If you need to make any changes, then small additions can be made by way of a “codicil”, however it is advisable to arrange an entirely new Will to avoid any uncertainty.

For further details without fear of consultation fees or obligation, please visit our Wills page.