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.