Will Writing
Protect What Matters Most.
A Will is a legal document that expresses a person’s wishes as to how their assets are to be distributed after their death. It also ensures you can decide who manages the distribution of the estate, among other things, these people are called Executors.
The types of clauses you can include in your Will are, but is not limited to:
• Nomination of Executors, Trustees, Guardians
• Funeral Wishes
• Organ Donation
• Pets
• Specific or Monetary gifts
• Distribution of Estate
A will can be drafted for a sole person (Single Will) or a couple (Mirror Will) but we would discuss this in greater detail in the appointment about what suits your needs.
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The attestation clause of a Will is the clause that explains the circumstances in which the Will has been signed and witnessed. Whilst including a form of attestation clause is heavily encouraged, it is not a legal requirement, but we would always recommend one being included as it provides evidence that these were the wishes of the Testator, and the Testator had intent of making the Will as well as knowledge and approval of its contents. Ensuring the Will is signed and witnessed correctly is of upmost importance, as any minor error can have a major affect the validity of the Will. There are two focal points from the Wills Act (1837), that I want to touch on as they're relevant to the correct attestation of a Will.
When writing your Will, you'll find there are several roles you will need to consider - Executors being one of these. In this article, we outline the roles and responsibilities of an Executor and what you, as the testator, would need to consider when appointing them in your Will.