How to make a will

England and Wales

1) REQUIREMENTS OF A VALID WILL

In order to make a valid will in England and Wales, the testator must be of sound mind and at least 18 years old. There is an exception for soldiers in active military service or sailors at sea, who can execute their will at any age (ie younger than 18) provided they are of sound mind and have mental capacity to understand the nature and effect of the will and the extent of their property.

Section 9 of the Wills Act (‘WA’) 1837 provides the requirements of a valid will under English and Welsh law. According to the Act, the will must be in writing and signed by the testator (or by another person in the testator’s presence and by their direction in certain limited circumstances). It must be clear from the will that the testator intended to give effect to the will by signing it. The testator’s signature must be made in the presence of two adult witnesses and both witnesses must attest and sign the will, or acknowledge the testator’s signature, in the presence of the testator.

2) AMENDING A WILL

Once executed, it is possible to amend the will by codicil, which is a legal document setting out specific alterations to the original will, executed under the same formalities as the will.

3) TYPES OF WILLS

The most commonly used form of will is a Single Will, where the testator sets out how their estate should be divided upon their death.

It is also possible for couples to create Mirror Wills, by which two testators (often a married couple or civil partnership) align their wills so that the division of their estates is identical. Either of the testators, however, may amend or revoke the terms of their respective Mirror Will so that the two are no longer identical. Mutual Wills, by contrast, enable couples to create identical wills that cannot be amended or revoked without the mutual agreement of both testators or by one testator providing notice to the other. These are not very frequent, however.