Will Attestation

The Attestation Process - Making it Legal! - In order to make your wishes in your Will valid and binding in the eyes of the Law, it has to comply with the rules established under Section 9 of the Wills Act of 1837.

The Act states that "no Will shall be valid unless:

• It is in writing, and signed by the Testator, or by some other person in his presence and by his direction; and
• It appears that the testator intended by his signature to give effect to the will; and
• The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

Each witness either:

• attests and signs the will; or
• acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary".

Who can witness your Will

• You need two witnesses, both present at the same time when you sign your Will.
• They must be able to see you sign.
• We recommend that witnesses are adults (18 or over) who understand what they are doing.
• A witness must not be a beneficiary of your Will, or the husband, wife or civil partner of a beneficiary. If they are, your Will is still valid, but they lose their gift (Wills Act 1837, section 15).
• Witnessing must take place in person. The temporary rules allowing video witnessing ended on 31 January 2024.

For examples, including whether family members or executors can witness, see our guide: Who can witness a Will?

Revoking (voiding) all previous Wills- When you've signed, dated and witnessed your Will correctly, you should bear in mind that you are superseding and replacing any former Will that you might have made. With that in mind, you should always make sure that any previous Will is located and destroyed.

It's also incredibly important that your Executors are fully aware of the fact that you have written a Will and that they know where your new Will is stored - if no Will can be found in the event of your death, as far as the Law is concerned, you will have died Intestate!

It is also very important to be aware of the fact that Marriage automatically revokes any Will you have in place - unless, it's been written with an "in contemplation of marriage" clause.

If your Will is being made in contemplation of marriage, the act of getting married won't void your Will, so it's important that if you are planning to marry or enter into a registered Civil Partnership to ensure that that clause is included in your Will

Getting Divorced - Divorce does not cancel your whole Will. Once your divorce, or the dissolution of your civil partnership, is final, the law treats your former spouse or civil partner as if they had died on that date. Any gifts to them fail, and so does their appointment as an executor or trustee (Wills Act 1837, sections 18A and 18C). The rest of your Will still stands. A separation does not have this effect, so it is wise to make a new Will whenever your relationship changes.

Finally - Regular Will reviews Our situation changes often during our lifetime making it vitally important to review and update your will regularly, so that you can have the peace of mind in knowing that your Will always reflects your wishes when you die

Somebody famous once said... If we could hold a party and bring back everybody who'd died that day, firstly, it would be an amazing gathering, and secondly, they'd all have two things in common:

• 1. They're all dead
• 2. It came as a great surprise!