Body & Soul0 min ago
Home-made wills
Can anyone out there illuminate me? Is it a myth or fact that you can make your own will by writing it on a piece of paper and getting two friends to witness and sign it (beneficiaries or not) and it is a legal document (as well as free!)
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As long as both of the witnesses are present when you either sign the will or you acknowledge your signature on the will in the presence of two or more witnesses who then attest and sign the will in your presence it is perfectly legal.
However, a word of caution. If either or both of the witnesses are beneficiaries, their individual gifts may fail (which if they have been left residue, could result in a partial or total intestacy).
Furthermore, some words have a strict legal meaning and would not dispose of the entirety of your estate. Eg, I leave all my personal goods to XY would dispose of personal chattels and leaseholds, but not freeholds. The "construction" of wills is a legal minefield. 90% of the construction problems I see are people who have made home made wills and the will doesn't quite do what they wanted it to. But it is completely legal.
However, a word of caution. If either or both of the witnesses are beneficiaries, their individual gifts may fail (which if they have been left residue, could result in a partial or total intestacy).
Furthermore, some words have a strict legal meaning and would not dispose of the entirety of your estate. Eg, I leave all my personal goods to XY would dispose of personal chattels and leaseholds, but not freeholds. The "construction" of wills is a legal minefield. 90% of the construction problems I see are people who have made home made wills and the will doesn't quite do what they wanted it to. But it is completely legal.
If you have simple affairs involving just a house, children and probably no complex marital relations, then Which? Consumer Guides produce a book at about �12 called Wills and Probate that you can certainly get from Waterstones etc. It tells you enough to either decide to go DIY with no problems in store, or decide that you really need a solicitor to assist you.
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