Who Can Write a Will

Anyone over 18 years old* (12 in Scotland) can make a Will as long as they are of ‘sound mind’. There is no upper age limit on writing a Will. Being of ‘sound mind’ essentially means that you are mentally capable of writing or signing a Will and are aware of the consequences of what you are doing.

People who may not be considered of ‘sound mind’ for writing a Will could be someone who has a mental illness or a person taking strong drugs for a physical illness, as they may not be able to fully understand the consequences of their actions. Medical advice should be sought if there is doubt about a person’s mental state and they want to write or sign a Will.

Someone who is illiterate, or has reading and writing problems, can still make a Will by dictating their wishes for someone else to write down. If they are unable to sign their name they can put a cross or mark on the document. As long as they understand they are making a Will and the subsequent consequences of doing so, that is all that matters.

* The exceptions to this are soldiers in active duty and sailors at sea where the age limit is 14 years old, and people who marry in Northern Ireland under the age of 18.

You can write a Will yourself, use a solicitor or use the assistance of Will making service provider such as Making a Will.

It is important to ensure your Will is legally correct, and this requires you to be completely clear on areas such as Inheritance Tax, Trusts and Guardianships. As this is a specialised field it is worthwhile to use the professional services provided by the experts at Making a Will. Otherwise your Will may not accurately reflect your wishes which could ultimately cause financial hardship and emotional stress to your beneficiaries when you die.

Your Will must be correctly signed and witnessed to be legal, see our Signing and witnessing a Will page for more details on this area.

All adults should have a Will as here you stipulate how and to whom your assets will go to when you die. You may not think you have much, but most people’s belongings are worth more than they may think. Particular circumstances that should prompt you to make a Will, or draw up a new Will include:

• If you are entering marriage or a civil partnership

• Your existing Will becomes invalid when you get married or enter a civil partnership (England, Wales & Northern Ireland)

• If you are separating or getting divorced

• Upon divorce your former spouse is treated as though they have pre-deceased you. For example: your Will states you leave everything to your husband/wife and upon their death the remaining assets go to your children. As you are now divorced, when you die your estate will automatically go straight to the children and your ex-husband/wife is disregarded

• You are having a child or subsequent children

• If you do not list your children in your Will, they – or others on their behalf – may have to go to Court to ensure they inherit your estate

• Equally, if you have left everything in your Will to your first child, you will need to update it should you have further children to ensure your estate is shared amongst them

• If you are buying, selling property or inheriting other assets

• If you come into large amounts of money or other assets

It is important to review your Will from time-to-time to ensure it is still both valid and appropriate. During your lifetime your relationships with others will change, people are born and die and you will buy and sell assets and investments. See our Changing a Will page for more information on this topic.