Holly Minney
Legal
Eastenders Got It Wrong! How Do You Correctly Create A Will?
TV shows provide entertainment to all and try to give us an insight into the world of fictional characters with dramatised professions.
However, their portrayal of the law should be taken with a pinch of salt.
In a recent episode of BBC’s Eastenders, one of the characters, Nish Panesar, had instructed a solicitor to attend the hospital and assist him in drafting his Will. He had later informed his family that his Will has been signed and “sealed” by his solicitor with no one else present.
This may sound like a simple and rational method to any person, and some may even be tempted to prepare their own Wills on this basis. However, it is vital to know that in the real world, Nish’s Will would not be legally valid and so his wishes would not be enforceable.
For a Will to be valid, the following conditions must be satisfied:
- It must be in writing and signed by the testator (the person making the Will), or someone authorised to do so on their behalf. This means video recordings or voice notes are not currently acceptable.
- The testator must have sufficient mental capacity to understand their wishes and finances and have intention to give effect to the Will by signing it.
- The testator should make the Will with their own free choice. This means external parties, such as relatives, cannot put pressure on a testator to make a particular wish in their Will.
The Will must be signed by the testator in the presence of two or more capable adult witnesses who must also sign the Will. The witnesses should not be beneficiaries under the Will.
Hazara Patel, Senior Associate Solicitor in Mullis & Peake’s Wills & Probate team, said:
“Witnessing a Will incorrectly could result in it being invalid which could in turn lead to it being challenged by a disadvantaged beneficiary. Ultimately, this could cost the estate and family members thousands in legal fees and reduce the overall inheritance they might otherwise have received. This is why it is important to consult an expert who can help avoid the risk of legal complications, making sure the expert is someone who is regulated and insured, so that the beneficiaries are always protected.
Hazara is an award-winning Senior Associate Solicitor in the Wills & Probate team at Mullis & Peake. If you have any questions, feel free to contact her on 01277 249943 or by email hazarapatel@mplaw.co.uk.”