What should a Will do?

When you go to the bother of making a Will you should at least ensure that it is going to be a valid Will.

Validity:

Your Will, in order to be valid must satisfy a number of basic requirements:

  • It must be in writing;
  • You must be over 18 years of age, or married;
  • You must be of sound disposing mind – you must enjoy the necessary mental capacity to make a will;
  • You must sign your name, make your mark or acknowledge your signature in the presence of two witnesses who must be present together;
  • You must sign the Will at it’s foot or end;
  • The two witnesses must sign their names in your presence.

Format:

Your Will should also follow a certain format:

  • It should include your name and address;
  • Revoke earlier Wills and codicils;
  • Appoint Executors and include their addresses and relationship to you;
  • Dispositive provisions;
  • Residuary Clause;
  • Date;
  • Signature;
  • Attestation clause;
  • Witnesses Signatures.

Ultimately, your Will, when complete should leave you with a sense of satisfaction. Another box ticked.

 

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Declan O’Toole is a Trust and Estate Practitioner and advises on Wills.