Last Will & Testament Standard Pack

Q: Do I need a solicitor at all if I use the DIY Last Will & Testament Form?

A: No, you do not need a solicitor to write a simple Will. It is sensible to consult a solicitor if:

• substantial amounts of money are involved;
• you do not understand the instructions or are uncertain how to complete and use a form correctly;
• what you want to do is not precisely covered by the forms provided;
• you and your spouse have different domiciles or you own or have an interest in property abroad or have written a Will abroad.

Q: What if there is not enough room on the DIY Will form?

A: If there is not enough room to include everything that you want, you can use a separate continuation sheet. This should be stapled to the Will. Note that in Scotland the testator must sign at the foot of each page.

Q: If you are married, do you have to write separate Wills?

A: If you are married, both you and your spouse should write separate Wills. This is true even if marital assets are primarily in the name of one spouse.

Q: Can the Lawpack Will Form be used for property abroad?

A: The Will Form is not suitable for you if you own or have an interest in property abroad. You should take legal advice in the country where you are domiciled and in the country where you own the property.Q: Should children be named in my Will or not?

A: Naming your children can avoid confusion where, for example, you have step-children you wish to benefit (who might not be considered as ‘your’ children), but it does mean that any children born after the Will and before your death are excluded. A reference to ‘my  children’ in your Will will include any children adopted by you.

Q: What is the 'residue' of an estate?

A: Once you have made gifts of specific property and/or sums of money to particular people in your Will, the items or money that you don’t specifically allocate will form the ‘residue’ of your estate and you must decide who is to receive this.

Q: Is one witness signature enough?

A: In England, Wales and Northern Ireland one witness is not enough. You need to have two witnesses who are over 18.

In Scotland, only one witness who should be over 16 is needed.

Q: Do witnesses need to know the content of the Will?

A: The witnesses do not need to know the content of the Will.

Q: What happens to my Will if I get married?

A: In England, Wales and Northern Ireland your Will is automatically revoked by marriage or civil partnership, unless your Will states that it is made with your forthcoming marriage in mind. Your will is automatically revoked by marriage unless you were planning to marry when your will was made; your will names the specific person you married; you state that you want the will to be effective during your marriage to that person.

In Scotland however marriage or civil partnership does not revoke a Will.