You can draft your own will, go online or get a proforma from your local stationery shop - but will it be a valid will?

In some cases yes - however in others it may be invalid or result in a partial intestacy. Partial intestacy means that part of your will may be valid but part of it may not.

Why bother making a will?

If you don’t make a will then your assets will be distributed in accordance with the Rules of Intestacy. This means that your money and property may not go to the people you want it to. Even for married couples and civil partners there are limits on how much of your estate will go automatically to your partner.

Witnesses to the will.

One thing to watch out for if you do make your own will is who witnesses it. If you witness a will you cannot be a beneficiary. So if you leave a gift to your witness then this gift fails and is either a partial intestacy or goes back into your estate.

If you need help writing your Will, contact our Wills & Probate department who will be happy to help.

There are many reasons why it is important to write a Will or for you to review your Will during divorce proceedings. The main reasons are as follows:-

• Separation with an existing Will – if you are still legally married or in a civil partnership i.e. prior to the divorce being finalised, property and any gifts bequeathed will still pass on as per the terms contained in your Will. Therefore, if you are separated and do not want your spouse or civil partner to be included in the Will then you may consider at this stage to make a new Will. Please be aware that even if you draft a new Will leaving your spouse and civil partner out of your Will, they may still be able to make a claim against your estate. However, they will have to show that they are financially dependant on you in order to make such a claim.