This is one of our most frequently asked questions, but it can mean one of two things;

A. Can I sit down with a blank piece of paper and write my own Last Will and Testament?
B. Can I prepare my own legal Will without using a legal professional.

Let us first explore question A.

Can I write my own Last Will and Testament?

The answer is “yes….but don’t”. The basic requirements of a Will are simple;

• The document must be clearly identified as a Will, and that it is expressing your wishes.
• Ideally it should revoke (or cancel) previous Wills
• You must demonstrate that you have the capacity to make a Will
• You must sign it in the presence of two witnesses (unless the document is entirely handwritten in which case witnesses are usually not required). The witnesses cannot be beneficiaries, but can be any adults with mental capacity. No legal training is required in order to be a witness to the signing of the Will.
• The Will should describe the distribution of assets to beneficiaries

If all of these requirements are met, Continue reading →