Will | Practical Law

Will | Practical Law

Will

Will

Practical Law UK Glossary 4-382-6317 (Approx. 4 pages)

Glossary

Will

A legal document in which a person (the testator) declares their intention as to what should happen to their estate after their death, and which is executed in accordance with certain legal formalities.
Under the law of England and Wales, a will must be executed in accordance with the Wills Act 1837 (as amended by subsequent Acts). In order to be valid, a will must be:
  • Made by a person who is 18 years old or over.
  • Made voluntarily and without pressure from any other person.
  • Made by a person who is of sound mind.
  • Made in writing.
  • Signed by the testator in the presence of two witnesses.
  • Signed by the two witnesses, in the presence of the testator (and in the presence of each other), after the testator has signed the will.
A witness, or the spouse or civil partner of a witness, cannot benefit from the will. If a witness of the will is also a beneficiary (or the spouse or civil partner of a beneficiary), the will is still valid, but the beneficiary will not be able to inherit under the will.
For links to the most commonly used resources produced by Practical Law Private Client relating to wills, see our Wills toolkit.