index | back page | next page

The main requirements in summary are:

1. It must be in writing (but see later), and where the text goes onto another sheet of paper, it must be clear which sheets follow, and once executed, pages must not be added. Although there is no rule to say that it must be written on paper, it is better to be practical.

2. It must be signed, usually with your normal signature, even if this is a cross or thumbprint. It is also possible to get someone else to sign, provided you are present.

3. It must be clear that the testator intended to make the will. By this it is meant that it should be apparent and without doubt that the testator wishes to validate the whole of the will. Signatures elsewhere than at the end of the will, or extra clauses obviously added afterwards, would cast doubt on the testator's intentions.

4. It must be witnessed, generally by two witnesses, neither of whom are beneficiaries. The purpose of the witnesses is to confirm that they have seen the testator sign the will, so both witnesses must be present to see the testator sign. (Having said this, there are situations where it is possible for the witnesses to sign together without witnessing the testator's signature, provided the testator confirms to them that the signature is genuine).

5. The testator must be of sound mind, because the general legal principle is that where someone is incapable of understanding the nature of a document, any signature purporting to validate the document would not be valid.

6. The pages of a will should be sewn together, so that it is clear that pages have not been detached or inserted.

• Once completed, the will should be stored securely but not hidden away, as it should be reviewed as often as the individual's financial plans. To save the executor's time, it would be useful to store with it lists of possessions, contacts, location of documents, and so forth, which will be needed to administer the estate effectively.

REMEMBER You should not use any information contained on this page as the basis of any action until you have discussed matters with your financial adviser.