It is advisable to get out your Last Will and Testament to check it occasionally because:
- An existing will may contain a legacy that has been distorted by inflation
- Your circumstances may have changed since you wrote the last will – this includes getting married or divorced where a will can become partially invalidated
- An existing will may contain a gift to someone who has died
- Some people may be left out – for instance a new grandchild or a new close friend
- An existing will may refer to an executor who may have died, or who may no longer wish to act for you. (Nominating a firm of solicitors as joint executors is a safe-guard.)
An existing will can be updated using a codicil, or by re-making your will. It is usually better to re-make your Last Will and Testament.
Destroying a will
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. There is a risk that if a copy subsequently reappears (or bits of the will are reassembled), it might be thought that the destruction was accidental. You must destroy the will yourself or it must be destroyed in your presence. A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.
Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous
wills and codicils. Revoking a will means that the will is no longer legally valid.
Challenging a will
A person may want to challenge a will because:-
- they believe that the will is invalid; or
- they believe that they have not been adequately provided for in the will.
There are strict time limits for challenging a will and if you want to challenge a will, you should seek legal advice as soon as possible.
Last Will and Testament Templates
Our Last Will and Testament templates are suitable for:
- a single person with no children
- a married person with no children
- an unmarried person living with their partner with no children
- a married person with children
- and many more situations
Our templates also include an option to leave gifts (of money or property) to other named persons and/or charities. These are designed for use in estates where inheritance tax advice is not required and where the legacies are straightforward.
Net Lawman’s
Last Will and Testament Templates are suitable for use in England, Wales and Scotland and include the following provisions:
- Details of the testator
- Details of executors and trustees
- Specified gifts
- revocation of previous Wills
- granting of legacies
- granting of charitable legacies
- appointment of two executors (the people responsible for carrying out your instructions and distributing your property and possessions after you die)
- basic funeral arrangements.
