Page 10 - Town & Around - February 2025
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10  Town & Around February 2025                                                    Tel: 01485 540620 email: editor@townandaround.net
       Ensuring your will is validly signed and witnessed

       By Jennifer Taylor, Associate Solicitor, Hayes + Storr
            reating a will is crucial to ensuring                                Role and responsibilities
            your assets are distributed according to                                   of witnesses
       Cyour wishes. However, even small                                      Witnesses play a vital role in validating a
       errors in signing and witnessing can render a                        will. Their role is to verify that the testator is
       will invalid, as illustrated by the following                        the person signing, that their signature is not
       example:                                                             forged, and that no coercion is involved in
        David used a DIY will kit to prepare his                            signing the will.
       will and had two neighbours act as witnesses.                          If a dispute arises during the administration
       He outlined how he wanted his assets to be                           of the testator’s estate, the witnesses may later
       distributed among his children and a charity                         need to provide evidence if disputes arise
       he supported. Unfortunately, he signed the                           about the will’s execution or the testator’s
       will alone and later collected the witnesses’                        capacity.
       signatures separately, which invalidated the
       document.  As a result, his estate was                                        Consequences of
       distributed according to the rules of intestacy.                             Improper Execution
       This meant that the charity received nothing,   must then sign in the testator’s presence.    An improperly executed will can result in
       and David's assets were divided among his   Witnesses must be physically present with   your estate being distributed according to the
       closest relatives, which was not his intention.   the testator at the time of signing. Remote   rules of intestacy or under the terms of a
                                         witnessing, introduced temporarily during the   previous will, which is unlikely to reflect your
           Key Legal Requirements for        COVID-19 pandemic, ended in January 2022.   wishes.  This can lead to disputes among
                 Signing a Will          Wills executed via video conferencing during   potential beneficiaries, resulting in costly and
        The Wills Act 1837 governs the formalities   this period remain valid but may benefit from   prolonged legal battles.
       of creating a valid will. To ensure compliance,   being re-signed in person for certainty.
       the following procedure should be adhered to:                           How Professional Advice Helps
        Writing and Signature: The will must be   The importance of impartiality    Seeking expert guidance ensures your will
       written and must be signed by the testator (i.e.   Witnesses must be impartial, and should not   adheres to legal standards and reflects your
       the person making the will). The testator must   be beneficiaries, or closely related to   intentions. Professional advice reduces the
       also intend by their signature to give effect to   beneficiaries. If a beneficiary or someone   risk of errors and disputes, safeguarding your
       the will.                         closely related to a beneficiary serves as a   estate for your intended beneficiaries. For
        Witnessing:  Two independent witnesses   witness, this could result in the beneficiary   more information on making a will, contact
       must observe the testator signing the will and   losing their entitlement under the will,   Jennifer Taylor on 01328 863231 or email
       acknowledge their signature. Both witnesses   although the will itself may remain valid.   Jennifer.taylor@hayes-storr.com.
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