I will outline the legal requirements for making a will. Then for the next section I will comment on how appropriate is the law that allows someone to make a claim on the estate of a deceased person if he or she had not been adequately provided for.

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G C S E   Law – Coursework   2002 – 2003

For my (second) law course work I will outline the legal requirements for making a will. Then for the next section I will comment on how appropriate is the law that allows someone to make a claim on the estate of a deceased person if he or she had not been adequately provided for.

Section: A

A will is a formal declaration by a person of what they want to happen to their property or estate when they die. Wills do not take effect until the person whom it is written by dies. It is possible to make alterations or even completely changed as many times as a person feels necessary. But the law only recognises the final most recent will produced by a person.

If a will is complicated or not straightforward to the person making it, it is sensible to get legal advice on the wording of the will. Though a will does not have to be complicated. It is acceptable to state ‘All to Mother’. No particular words are needed as long as the will is straightforward. You can buy a standard form for a will from a stationer.

A man making a will is know as a testator and a women, testatrix. There are laws that show there are certain rules that must be followed in order to make a valid will.

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To make a valid will the testator or testatrix must be at least 18 years of age, of sound mind and acting of their own free will. The formalities of making a will are set out in the Will Act 1837 as amended by the administration of Justice Act 1982, these are, the will must be written. The will must be signed by the testator or another person in the presence of the testator and at his direction, the signature can be any where on the will, the signature or mark must be made or acknowledged in the presence of ...

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