WILLS & PROBATE SERVICES

When is a Will valid under section 9 Wills Act 1837?

There are certain formalities which have to be complied with for a Will to be valid. These are set out in section 9 of the Wills Act 1837 and describe the physical process which must be gone through when a Will is executed for it to have what is generally referred to as ‘formal validity.’

Certainly there are other considerations which must be taken into account, such as the Testator’s capacity, but if the provisions of section 9 are not complied with, the Will will not be valid in any case.

court documents legal

The Importance of Parents Making Wills

The aim of Update your Will Week 2023,’ hosted by Solicitors for the Elderly and running from 23rd to 29th January, is to highlight the need for people to review their Wills and ensure they are still fit for purpose. Circumstances and family change over time so it is vital that you review your Will regularly to keep everything up to date and to avoid potentially costly litigation if your Will is no longer relevant.

Double Portions – what are they and how might they affect my estate?

Imagine this situation – a parent has written a Will leaving their estate to their 2 children in equal shares. Then after doing this, they make a gift of a substantial sum of money to the younger sibling to help them buy a house. If the parent then dies without making a similar gift to the older child, do we end up with an imbalance in the estate – would/should the older sibling expect to receive more from the estate to balance up the lifetime gift to their sibling? This is where the double portions rule is likely to be effective.

Will you, or won’t you?

It is a number that is at an all-time high. More than 31 million people in the UK now do not have a Will, a number that has been rising over the last decade. But if you fail to make a Will and keep it updated, all your legacy will be is stress and worry for your loved ones, and at a time they are grieving and least able to cope with it.

Dying intestate – without a Will – also means that your belongings may not be dealt with in a way that you would want.