Wills and Probate

Why make a Will?

By making a will, you are able to decide:

• How your funeral should be dealt with

• What happens with your possessions and assets

Dying intestate is when a person dies without having made a will. In this circumstance the Administrator of Estates Act 1925 specifies who is able to apply to deal with your affairs and how your possessions are to be shared. Several people may have an equal right to apply, the usual rule for appointing administrators is on a ‘first-come, first-serve’ basis.  

What makes a Will Valid?

• At the time of making your will you must be: ‘mentally capable’ (fully aware and understanding what they you doing in writing a will); and
• At least 18 years old (unless you are on active military service, in this case you can be younger)
• It must have been made without undue influence (e.g. threat from someone)
• It must be in writing
• Your will has to be signed and dated by yourself as well as two witnesses, and this must happen together.

What is Probate?

Probate is the will of an official form that permits executors of the will to deal with the assets and property of the deceased. By applying for probate you are promising the court you will administer the estate as set out in the will and according to law.  

It is not always necessary to get probate, however you will definitely need to apply if the deceased had:

• Any bank, building society or National Savings accounts with more then £5000;
• Stocks or shares; or
• Property or land unless it is owned as a joint tenancy (as it passes over to them)

For free legal help and further information contact 0845 345 4 345 or visit www.clsdirect.org.uk  

Last Updated June 2007