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What's in a Will?

A Will i.e. a legal document that will come into effect only upon your death. For that reason until you die it is called "ambulatory" which means that it can be changed or even cancelled as many times as you like.

A will can be cancelled, or to use the legal term, revoked, in one of three ways:

1 - By making a new Will which expressly revokes all previous Wills.

2 - By physically destroying the Will either personally or by expressly directing someone to do so.

3 - By operation of law, for example by the subsequent marriage of the testator (person making the Will).

A Will can be in any format as long as it complies with certain rules:

1 - It must be in writing.

2 - It must be signed and dated.

3 - The signature must be made or acknowledged in the presence of two witnesses who should both be present at the same time.

The Will will typically contain the following:

1 - A revocation clause cancelling any previous Wills.

2 - Appointment of Executors, the persons who will carry out the wishes set out in the Will.

3 - Any pecuniary gifts or gifts of specific items.

4 -Details of the beneficiaries who will receive the residue of the estate after payment of all the probate expenses and gifts given by the Will.

5 - Any specific funeral wishes

Michael Rhodes Legal Services would be pleased to prepare an English Will for you, for which an attendance at our offices is not always necessary.