The importance of a valid Will

A badly drafted Will can be problematic and lead to family disputes. To be considered valid, your Will must comply with the Wills Act 2007.

Outdated Wills that don’t meet your current needs can cause problems for those who survive you.  It’s important to remember that the last Will you executed whether it be last month, last year, or ten years ago, will be the Will that will be administered by your executors and it may not be fit for your circumstances today.

You should consider the people you have named as Executors, Trustees or Guardians in your Will are still part of your life, of sound mind and able to act on your behalf.

If you made a Will before you got married or before your civil union, it will be revoked (unless it states that the Will is in contemplation of your marriage and is not subject to the marriage taking place).

If you separated after you made your Will it remains valid. However, in most circumstances, you would no longer want to treat your ex-spouse/partner as if they were still involved in your life.  If they are the Executors of your Will, they may still be able to control and administer your estate.

It is important that your original Will is kept in a safe place and is not amended or marked up in any way.  For this reason, Wills are held at your solicitor’s office in a secure safe.

We recommend you review your Will at least every 5 years and especially if you have had a major change in your personal circumstances. This will ensure that your estate and family are looked after in the way you intend.

If you would like to chat with us about making a Will or updating your current Will, please contact our team