Can I do my own will?

Dear What’s the Law.

Can I do a legal will myself, if I get a witness?

Yes, you can make your own will. However, a will needs to be signed in front of two (not one) independent witnesses (i.e. not anyone related through blood or marriage), who also need to sign and insert their name and address on the will.

To be effective as a legal document there are a number of additional requirements. In order for a will to be valid, it must be:-

• made by a person who is 18 years old or over; and
• made voluntarily and without pressure from any other person; and
• made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who may inherit; and
• in writing; and
• signed by the person making the will in the presence of two witnesses; and
• signed by the two witnesses, in the presence of the person making the will, after it has been signed. A witness or the married partner of a witness cannot benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a beneficiary), the will is still valid but the beneficiary will not be able to inherit under the will.

Although a will is legally valid even if it is not dated, it is advisable to ensure that the will does include the date on which it is signed. As soon as the will is signed and witnessed, it is complete.

Many people opt for a so-called do-it-yourself will, but all too often make basic errors. If someone makes a will that is not legally valid, on their death their estate will be shared out under certain rules, not according to the wishes expressed in the will.

Seeking specialist legal advice when arranging your will is essential to ensure your will is accurate, unambiguous and comprehensive. Arranging for a will to be drawn up is relatively straightforward in most cases should not take much more than an hour or two.