Making A Will

AgeNI

If you die without a valid will, your money and possessions may not go to the people you would like them to.

Why should I make a will?

If you want to be sure your wishes will be met after you die, then it’s important you have a will. A will is the only way to make sure your savings and possessions (your estate) go to the people and causes that you care about. Unmarried partners, including same-sex couples who don’t have a civil partnership, have no right to inherit if there is no will.

What happens if I don’t make a will?

If you don’t make a will, you will die ‘intestate’ and your estate may not go to the people you want. There are special rules for how your estate will be distributed these are called intestacy rules:

  • If you have a spouse or civil partner and children Your spouse or civil partner will inherit all your personal possessions and at least the first £250,000 of your estate, plus half the rest. Your children will then be entitled to the other half of the balance.
  • If you have a spouse or civil partner but don’t have children Your spouse or civil partner will inherit your whole estate. This includes your personal possessions.
  • If you have children and your spouse or partner is deceased Your children will inherit everything, divided equally between them.
  • If you don’t have a partner or children If you have no partner or children, then parents, brothers, sisters, and nieces and nephews may inherit your estate.

How do I make sure my will is valid?

For a will to be valid:

  • it must be in writing, signed by you, and witnessed by two people
  • you must have the mental capacity to make the will and understand the effect it will have
  • you must have made the will voluntarily and without pressure from anyone else.

The beginning of the will should say that this will revokes all others. If you have an earlier will, it should be destroyed.

Signing the will

You must sign a will in front of witnesses. If you can’t sign the will, it can also be signed on your behalf, as long as you’re in the room and it is signed at your direction. However, you must have the mental capacity to make the will, otherwise the will is invalid. Any will signed on your behalf must contain a clause saying you understood the contents of the will before it was signed.

Witnessing the will

Your signature to the will must be witnessed by two adults. They must also sign the will in your presence. The witnesses or their husbands, wives or civil partners cannot benefit from the will. If anything has been left to the witnesses, the rest of the will is still valid, but the witness will lose their entitlement to whatever you had intended to leave them.

Making a will if you have an illness or dementia

If you have a serious illness or a diagnosis of dementia, you can still make a will, but you need to have mental capacity to make sure it is valid. Your solicitor should make sure of this, and you may need a medical practitioner’s statement at the time the will is signed, certifying that you understand what you are signing.

How do I update my will?

You should review your will every five years and after any major change in your life such as having a new grandchild or moving house. Never make alterations on the original document.

Making a minor change: Minor changes to your existing will are called codicils. They must be signed and witnessed in the same way as the will, although the witnesses don’t have to be the same as the original ones. Making a substantial change: If anything substantial needs to be changed, you need to make a new will.

Do I have to change my will if I get remarried or divorced?

If you marry, remarry or enter a civil partnership, this usually makes a previously existing will invalid. If you get divorced, your will stays valid, but your ex-spouse or civil partner won’t inherit anything if he or she is mentioned in the will.

Useful resources

This idea is a walk in the park. It really is that simple, post a news item to see how...
This includes: Raising awareness of depression and Aware NI services at a wide range of...
The Still Ready for Work programme supports people aged 50+ to remain in work, to change...
Age NI's First Connect service offers dedicated emotional and practical support at...
This is aimed at the over 55’s and is delivered to groups in community settings. The...
Age NI day centres provide a opportunity for activity and friendship for older people...
Having successfully been partners in Project Retain, the focus for the PHA and Age NI...
Cancer Focus NI can provide a wide range of presentations to meet the needs of your...
My Life, My Wellbeing is a new service which offers short-term support and reassurance...
Our Community Response programme highlights Hourglass’ commitment to further develop and...
Prostate Cancer UK have a team of trained volunteers throughout the UK who carry out...
Age NI teamed up with Lady Mary Peters to launch an exercise programme aimed specifically...
Our residential care services are recognised as models of best practice for people with...
The Age-Inclusive Learning Network brings professionals with an interest in age inclusion...
We provide vital domiciliary care services to support hundreds of individuals in Northern...
Hourglass volunteers are at the heart of our work. They are at the frontline for people...
Age NI, with the support of the Commissioner for Older People for Northern Ireland, is...
We know that looking after our physical health is important to ageing well. But it's...
We are all living longer, which means that the majority of us are likely to be working...
Cancer Focus NI, Keeping Well vans are mobile drop-in units which bring health checks,...
Age NI is offering an exciting new project aimed at supporting older people to live well...