10 Wills and Probate
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3. What makes a will valid?
For a person to make a valid will, they must be:
- 'mentally capable' (which means they fully understand what they are doing in writing their will); and
- at least 18 years old (though you can make a will if you are younger and on active military service).
The will must:
- have been made without 'undue influence' (for example, without a threat from someone);
- be in writing;
- be signed by the person whose will it is (the 'will-maker 'or 'testator') and by two witnesses, who must all be together at the signing (see 'Who can be a witness?' below); and
- be dated when it has been signed.
No amendments or additions should be made after the will has been signed.
5. What does an executor or administrator do?
7. Will I have to pay inheritance tax?
8. Who takes charge if there is no will?
9. Who gets the estate if there is no will?
10. What can I do if I think there is something wrong with the will?
11. What can I do if I think the will is unfair?
12. What if there isn´t enough money to pay for the funeral?
13. What if there isn´t enough money to pay the person´s debts?
14. Terms used in wills and probate matters
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Paul Elmhirst, a solicitor specialising in wills and probate.
Leaflet version: July 2007