Making a Will
A will is a written document that sets out what you would like to happen to your possessions after you die. There are specific provision set out in the Succession Act 1965 which govern the correct making of a will.
When you die, your possessions are called your ‘estate’. A ‘testator’ is a person who writes a will. If you die without leaving a will, you die ‘intestate’.
You do not have to make a will. If you die without making a will, your estate will be distributed according to the law on succession. This means that your estate will be distributed between your surviving family members in the way that is set out in law.
If you want to have a say over who inherits all or part of your estate, you should make a will. You can also complete and keep an updated list of the things that you own.
You can write a will yourself but these are predominantly the wills that are challenged in court.
In order to make a valid will, you must have, in the eyes of the law, the mental capacity to do so. This means you must understand and be able to decide what you are doing. If you have a medical condition that could affect your ability to understand and make decisions about what you should put in your will, you should ask your doctor or specialist to certify that you are capable of making a will.
Your spouse or civil partner has a ‘legal right share’ to your estate. This means that they are entitled to benefit from your will, even if you do not provide for them in your will. Your children also may have entitlements. Partners (that you were not married to or in a civil partnership with) may also be able to claim a share of your estate.
If you have property in other countries, you should make a will in e ach of those countries due to possible differences in succession law. It is important to tell your lawyer in each country of the existence of each and every will you have in every jurisdiction.
If you marry or enter into a civil partnership, your will is revoked, unless your will was made in contemplation of marriage.