Failure to take any of these five steps can lead to an invalid Will or a challenge to your Will after your death. We recommend you print these instructions and tick off each step as you take it.
A. Prepare your draft Will
If you have received your draft Will as a download, you will need to print it out
Do not use a paper clip or bulldog clip or any other means of temporarily binding the pages of your Will together.
While it is not a legal requirement that you staple your Will, it is advisable to do so in order that there is no question later as to whether pages are missing.
Staple it through the top left corner before you execute your Will.
Do not remove the staple to re-staple once you have done so, as this may lead to questions as to whether the Will has been interfered with.
Do not include the explanation of clauses in the stapled document or any other document, e.g. a Letter of Wishes.
B. Do not make changes to your Will
Do not make any handwritten amendments to your Will either before signing or after. Doing so could raise questions later about its validity.
If you want to change anything in your Will, you should contact us.
Other documents should never be attached to your Will
C. Choose your witnesses
Your witnesses do not need to be professional people, e.g. doctor or lawyer.
Witnesses must be over 18 and have sufficient mental capacity.
Witnesses must not be
anyone who is named as a beneficiary in your Will, or
who is in a category of beneficiaries in your Will (e.g. children) or
is related to a beneficiary (e.g. the spouse of your child).
An Executor to the Will who is not a beneficiary can be a witness.
If you are a couple and are both making Wills, it is ok for you to use the same witnesses providing you observe the rules at C2 - C3 above.
D: Execute your Will
Once you have prepared your draft Will and chosen your witnesses, then it is time to execute your Will:
You must sign and date your Will in ink.
There must be two witnesses present when you sign.
Both witnesses must each sign below your signature.
The names, addresses and occupations of the witnesses must be written.
E. Store your Will
Wherever you store your Will, tell your Executors where they can find it in the event of your death.
You can make photocopies of your executed Will but you should write "Copy" over them to avoid confusion later: you only have one Will and that is the one you signed in front of witnesses.
The Probate Service (part of the Principal Registry of the Family Division of the High Court) offers a Will storing service. Depositing your Will at the Probate Service currently costs a one-off fee of £23.
Visit https://www.gov.uk/government/publications/store-a-will-with-the-probate-service to find out more.
There is no rule against keeping your Will at home, and many people do choose to keep their Will in a safe place at home in a personal safe or with other important documents. However, it is not advisable: the risks of loss, damage, and fire are considerably higher at home than in a secure facility.