How To Sign A Will Correctly: A Comprehensive Guide
Putting a Will in place is one of the most important steps you can take to ensure your wishes are respected and knowing your loved ones and family are provided for financially after your death. A Will could help you to avoid probate, prevent family disputes, provide clarity and ensure that your assets go where you want them to go. That applies to Power of Attorney as well, so that if you were to become ill or unable to make medical or ‘life’ decisions for yourself, someone else you trust can make them for you.
Why Do You Need A Will?
Having a Will is the only way you can choose who you want your property, money and possessions (legally known as your estate) to be passed on to. Without one, there are set rules in place as to who may receive your estate. Without a Will, the people you’d like to inherit your estate could end up with nothing, while those who you’d rather didn’t, could take the largest share.
Writing Your Will
Mackenzie Jones Solicitors offers a complete service with regards to all aspects of Wills, Trusts and Lifetime planning, providing peace of mind that assets will be left to loved ones in the most effective and tax efficient manner.
We also deal with all aspects of lifetime planning such as selling or passing on your business, making preparations in case of mental incapacity and ensuring that care is received when it is required.
Our service includes:
- A full initial consultation, in person or by telephone, to ascertain your individual requirements;
- The preparation of your Will;
- Further consultation and/or amendment, where required;
- An appointment for signing and witnessing of your Will, or otherwise detailed instructions can be provided for your Will to be properly completed away from our offices;
- The registration of your Will with Certainty (optional);
- The safekeeping of your Will in our store, if so required.
Where possible, we aim to have your Will written and completed within 4 weeks of us receiving your instructions.
How To Sign Your Will Correctly
The execution of a Will or Codicil involves three people; the person preparing the will (the “Testator”) and two witnesses. Everyone must be present throughout the process so the witnesses should be there before the process begins.
A person MUST not be a witness if he or she:
- is blind; or
- a person who may benefit under the Will or Codicil; or
- the husband/wife/civil partner of a person who may benefit.
It is desirable that witnesses should not be under the age of eighteen or closely related to the Testator.
The Procedure
When the two witnesses and the Testator are together, the following steps should be taken in order:
The Testator should complete the date at the end of the Will, or Codicil, using words rather than figures (eg “fourteenth” rather than “14th”). The same date should be given at the top of the "cover" but here figures can be used.
The testator should then write his usual signature to the right of the attestation clause (the clause beginning “SIGNED by …”.
One witness should then write his usual signature below the attestation clause and should add his or her full name, address, and position.
Then the other witness should do the same.
All three people MUST be present at all times.
Returning Documents
Do not attach anything to the Will or Codicil with a pin, paper clip or in any other way.
We recommend the document is returned securely to your Solicitors as soon as possible, if not in person, then by recorded post.
At Mackenzie Jones Solicitors, we provide both a comprehensive and bespoke Will writing service, and an estate planning service, to clients across Chester, North Wales and beyond. Where possible, we will always try to meet with you in person to fully consider your individual requirements as we find that working closely with our clients and discussing their requirements at length ensures the best possible outcome.
If you’re looking to put a Will in place then please get in touch with our Wills and Probate Team.