Who can make a Will?

Will writing is not regulated by the FCA.

Quite simply anyone over the age of 18 who is of sound mind however:

•it is possible for members of the armed forces to make a Will under the age of 18 (advice should be sought in these circumstances)
•under the provisions of the Mental Health Act 1983, the Court of Protection may approve the making of a Will, or a Codicil to a Will for someone who is mentally incapable of doing so themselves. Guidance about how a mentally incapable person can make a Will can be obtained from the Public Guardianship Office website:
http://www.publicguardian.gov.uk/ Court of protection page.
What happens if I don’t make a Will?
This is called dying Intestate. There are specific rules of intestacy which set out who will inherit and how much, if you do not leave a valid will, this may not be what you would have wished.

Is making a Will difficult?
No. You need to make a list of your property and assets and consider who you wish to benefit from your estate, ensuring provision has been made for dependant relatives. You should also consider who you would want to look after your children (Guardians) if they were still young.

What makes a Will valid?
•it should be in writing, appoint someone to carry out the instructions of the Will (an Executor) and dispose of possessions / property
•it must be signed by the person making the will (the Testator), or signed on the testator’s behalf in his or her presence and by his / her direction. This must be done in the presence of two witnesses who must sign the will in the presence of the Testator
Who can be a witness?
Anyone who:

•is not blind
•is capable of understanding the nature and effect of what they are doing
•is aged 18 or over
A witness should NOT be:

•a beneficiary in the will
•married to, or be the civil partner of a beneficiary
In these circumstances the Will remains a valid and legal document, but the gift to the beneficiary cannot be paid.

Can I state what happens to my body in my Will?
Lots of people shy away from discussing their funeral arrangements with family and friends, so making a Will is a good way of letting people know whether you wish to be buried, or cremated and any specific requests you might have for your funeral service.

However, it should be noted that your Executors are under no obligation whatsoever to carry out funeral wishes requested in your will.

One way to guarantee your wishes are met is to set up a Guaranteed Funeral Plan, you can include details of these arrangements in your will.