Last Will and Testament

Last Will and Testament: Make a Verified Will Online

A verified Last Will and Testament is the legal document that says what happens to your money, property and belongings when you die, who will deal with your estate and who will look after any children under 18. Robot Lawyer drafts your will from your answers, under the law of the country or state where you live, including its signing and witnessing rules. On the Verified plan, a legal professional checks it before you sign.

CONTENTS

What Is a Last Will and Testament?

A will is a written statement of your wishes that only takes effect on your death. The person making it is called the testator. It names one or more executors to collect your assets, pay any debts and taxes, and pass on what is left to the people you choose. You can change or replace it at any time while you have mental capacity.

Why You Need a Will

If you die without a valid will, the law decides who inherits, using fixed rules known as intestacy. Those rules may not match your wishes. For example, in many places an unmarried partner inherits nothing automatically, and stepchildren and friends are not included at all.

A will lets you:

• Choose who inherits
  Your partner, children, relatives, friends or a charity, in the shares you want.
• Choose your executors
  People you trust to deal with your estate.
• Appoint guardians
  Who should look after your children if both parents die.
• Leave specific gifts
  Items with personal or financial value, or fixed sums of money, to particular people.
• Plan for the unexpected
  Who inherits if a beneficiary dies before you.

When Should You Make or Update a Will?

Make a will as soon as you have assets, dependants or a partner, and review it after any major life event:

• Marriage, civil partnership or divorce
  In some countries, marriage or civil partnership cancels an existing will, and divorce can change how it works, so review your will at once.
• Having children or grandchildren
  To appoint guardians and include them as beneficiaries.
• Buying property or starting a business
  To make sure significant assets pass as you intend.
• Moving country
  Inheritance and will formalities differ between countries.
• A beneficiary or executor dies or falls out of touch
  To keep your will workable.

To make a small change without rewriting the whole will, you can use a Codicil.

What's Included in Your Will?

• Your declaration
  Your full name and address, and a statement that this is your last will and that it revokes any earlier wills.
• Executors
  Your first-choice executor, any additional executors and a substitute in case one can't act.
• Guardians
  The people you choose to look after children under 18.
• Specific gifts
  Particular items left to named people.
• Money gifts (legacies)
  Fixed sums left to people or charities.
• Your residuary estate
  Everything left after debts, expenses and gifts, and who receives it.
• Substitute beneficiaries
  What happens if a beneficiary dies before you.
• Signing and witnessing section
  An attestation clause that follows the formalities of the governing law.

Each will is for one person. Couples who want matching wills should each make their own.

How to Make a Will Legally Valid

The rules depend on where you live, so your will includes signing instructions for the governing law. Common requirements are:

• You must be an adult with mental capacity
  You must understand what a will is, what you own and who might expect to inherit.
• It must be in writing and signed
  Most countries still require a printed will signed in ink. Electronic wills are only accepted in a few places, such as some US states.
• Witnesses
  Most places require you to sign in front of independent witnesses, usually two, who then sign too. The number of witnesses, whether they must be present together and whether a notary can be used vary by country and state.
• Witnesses shouldn't benefit
  In many places, a gift to a witness or their spouse or civil partner fails, although the rest of the will remains valid.

How Will Rules Differ Between Countries

Your will is drafted for the law of the country or state where you live. These general notes show how the main rules vary:

• UK
  In England and Wales, you sign in front of two witnesses who are present at the same time, and marriage or civil partnership usually cancels an earlier will. In Scotland, one witness is enough, and a spouse, civil partner and children have fixed legal rights to part of the estate.
• United States
  Wills are governed by state law. Most states require two witnesses, many allow a notarised self-proving affidavit to simplify probate, and some accept handwritten wills or electronic wills.
• Ireland
  You sign in front of two witnesses present at the same time. A spouse or civil partner has a legal right to a share of the estate, whatever the will says.
• Canada
  Wills are governed by each province or territory. Two witnesses are usually needed, some provinces accept handwritten wills, and Québec also recognises notarial wills.
• Australia
  Each state and territory has its own rules. Two witnesses are usually needed, and family members left out may be able to claim provision from the estate.

These rules change and have exceptions, so check the signing instructions that come with your will and take local advice if you are unsure.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us where you live, who your executors are, any gifts you want to make, who should receive the rest of your estate and any guardians for your children.
2. Generate your will
   We draft your will under your country's or state's law, with gifts in the right order and a signing section that follows local formalities.
3. Get it verified
   On the Verified plan, a qualified legal professional checks your will within 24 hours and makes amendments where needed. See how our documents are verified.
4. Sign it correctly and store it safely
   Print it, sign it in front of the required witnesses and keep it somewhere your executors can find it.

How Much Does It Cost?

Robot Lawyer is a subscription. The Essentials plan is £13.99 a month, and the Verified plan, which includes verification of your finished will by a legal professional, is £24.99 a month. Both start with a 7-day free trial. See our pricing.

If your affairs are complex, such as a business, property in more than one country, a trust for a vulnerable beneficiary or significant inheritance tax planning, take tailored advice from a lawyer as well.

Last Will and Testament FAQs

Can I write my own will?

Yes. In most countries you don't need a lawyer to make a will, as long as it is clear and signed and witnessed correctly. Robot Lawyer helps you get the wording and the formalities right.

Who can witness my will?

Usually any adult with mental capacity who is not a beneficiary, or the spouse or civil partner of a beneficiary. Check the number of witnesses your governing law requires.

Can an executor also be a beneficiary?

Yes. It is common to appoint a partner or adult child as both executor and beneficiary. An executor who benefits shouldn't also act as a witness.

How many executors can I appoint?

You can usually name more than one, although some places limit how many can act at once. In England and Wales, for example, up to four executors can take out a grant of probate. Naming a substitute helps if your first choice can't act.

Can I leave my estate to anyone I choose?

In many common-law countries you have wide freedom, but family members or dependants left out may be able to make a claim. In some countries, spouses and children have fixed rights to part of the estate.

How do I change my will?

Make a new will that revokes the old one, or use a Codicil for small changes. Never write changes on a signed will, as this can cause doubt about its validity.

Where should I keep my will?

Keep the signed original somewhere safe, dry and known to your executors, such as a fireproof box or a will storage service. Tell your executors where it is.

Does my will work if I own property abroad?

A will made under one country's law may not deal effectively with property in another country. If you own property abroad, take local advice, as you may need a separate will there.

Make Your Verified Will Online

Put your wishes in writing in minutes. Related documents: Ordinary Power of Attorney, Living Trust, Funeral Plan and Declaration of Trust.