What are the conditions of executing a Will?

Wondering about executing a Will? It may feel like a sombre subject, but planning for what happens after death is one of the most important steps you can take to protect your loved ones. Once someone passes away, an executor must step forward to carry out the wishes of the deceased. The executor’s role is to deal with the estate—settling debts, paying taxes, and then distributing assets to beneficiaries.

We cannot stress enough how important is it to ensure your Will is error free so the executor can carry out the wishes within the Will without any hiccups. You must abide by legal rules when executing a Will, so that your will is valid.

In England and Wales, the execution of your Will includes three people: you and two witnesses. MAR Legal explain below, the conditions of executing a Will.

What should be included in a Will: Executing a Will

To ensure you are fully prepared for writing a Will, when you visit MAR Legal, it is a good idea to have given some pre-thought to what points you want to include in your Will. These points might include:

• Think about the amount of money and which properties or possessions you want to distribute.
• Look at your savings, pensions, insurance policies, bank accounts and shares.
• Think about who you want to benefit from your Will. You should make a list of all the people to whom you wish to leave money or possessions. These people are referred to as beneficiaries.
• Think about any charities you wish to leave money to
• Assign a person to look after any children you have
• Decide on Executors to distribute your Will and deal with your estate

The role of executor, as appointed by the deceased, can be granted to professionals — lawyers — or those without any legal experience whatsoever.

The requirements for valid execution of a Will

Executing a will: The requirements for valid execution of a Will are taken from the Wills Act 1837.

• Throughout the years, case law has expanded on how those requirements may be abided by. Cases in history have provided evidence that an inky thumb print, initials and a mark made by a rubber stamp with the Testator’s initials have all been held to serve as a Testator’s signature.
• Another important requirement of a valid Will is to choose witnesses with care. A witness can not be a recipient of anything from a Will. Also, the witness’s spouse, civil partner cannot be a beneficiary. There are, however, some rare occasions when a witness can benefit from a Will.
• The document must also preserve the original and physical condition of the Will. There have been such instances such as a paperclip mark suggesting a second paper was present, or, part of the document torn, will always lead to further enquiries.

How the execution of a Will takes place:

Once a person passes away, the Executor must act straight away.

The Executor of the Will needs to have the most recent copy of the Will. Check with the deceased’s legal advisor to ensure that you have this to take command of their wishes.

First and foremost, the death must be registered by the Executor at the local registry office and the medical certificate detailing the cause of death and proof of the deceased identity.

The Executor should first pay the taxman

Once a death has been registered and funeral arranged, the next creditor will have to be the tax authority. If the inheritance tax outstanding is not settled, the Executor cannot receive a Grant of Probate: the document approving them to deal with the estate.

Unlocking the estate

After HMRC are proven content with all matters, the Executor can apply to the Probate Registry and must present themselves and swear an oath before probate is granted. The application fee for this is set at £215.

Common Pitfalls in Executing a Will

Even when a will exists, problems can arise during execution. Some of the most common issues include:

• Outdated wills – If a will has not been updated to reflect major life events such as marriage, divorce, or the birth of children, it may no longer reflect the testator’s true wishes.
• Ambiguous language – Vague wording can cause disputes between beneficiaries. For example, leaving “my house” in a will without specifying the address can create confusion if more than one property is owned.
• Lost or damaged wills – If the original will cannot be found, or if the document shows signs of tampering or deterioration, it can cause unnecessary legal battles.
• Invalid witnesses – As noted, if a beneficiary or their spouse acts as a witness, their inheritance may be voided.

These pitfalls highlight why professional legal guidance is invaluable both when drafting a will and during its execution.

The Executor’s Responsibilities in Detail: Executing a Will

The role of executor carries significant responsibility. Beyond distributing assets, executors must:

• Value the estate, including property, bank accounts, investments, and personal possessions.
• Settle outstanding debts and ongoing bills, from utility providers to mortgage lenders.
• File tax returns and pay inheritance tax, income tax, and capital gains tax if due.
• Keep detailed records of all financial transactions and provide beneficiaries with updates.
• Manage disputes, if they arise, between family members or other interested parties.

It is not unusual for executors to feel overwhelmed, especially when dealing with grief at the same time. This is why many people choose to appoint professional executors, such as solicitors, to carry out these duties on their behalf.

Why Professional Support Matters: Executing a will

The law surrounding wills and probate is intricate, and mistakes can be costly—both financially and emotionally. Professional support ensures:

• The will is validly drafted and executed.
• Executors have access to expert advice when navigating probate.
• Potential disputes are minimised, and when they do arise, they are resolved quickly.
• Cross-border estates (common for those with ties to both the UK and UAE) are managed with full understanding of the relevant jurisdictions.

At MAR Legal, we regularly assist clients not only in writing their wills but also in guiding executors through the probate process. Whether you are planning ahead for your estate or are already acting as an executor, we provide the expertise and reassurance needed at every step.

MAR Legal can ensure the Will has been validly executed

Appoint a specialist legal team to review and execute a Will. If it has not been executed correctly then it will not be valid, and the Testator’s estate will be dispersed according to any previous Wills or on the basis of intestacy (which happens when there is no Will present).