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Part 2 Frequently asked questions regarding making a Will

Does marriage or divorce affect my Will?

Marriage automatically revokes a Will, unless it is stated to be made in contemplation of that specific marriage. If you get divorced then your Will is still valid but your gift to the ex spouse would lapse.

What is my estate?

Your estate is quite simply every asset that you own.

Are there any limits as to what I can leave in my Will?

There are four main types of assets that you can not leave in your Will. These are joint property held as joint tenants, Life Policies, Pensions or Death in Service Benefits and other nominated assets. If you are unsure seek advice.

Who can witness my Will?

In order to make a valid Will, it needs to be witnessed correctly. There needs to be two people who witness your signature and this can be anyone who is over the age of 18 years and has full mental capacity.

Please note that a beneficiary can not witness a Will as this invalidates their legacy and similarly a spouse of a beneficiary can not witness your Will either.

Can I change my Will?

Yes you can change your Will at any time by either making a new Will or adding a Codicil which will be kept with the original Will. We recommend that you review your Wills every 5 years.

For more information regarding making a Will please contact a member of mosshaselhurst’s Wills team on 01606 74301.