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For simplicity we use the words ‘he’ and ‘his’, but most answers apply equally to men and women and this is in no way meant to offend.
 
 
 
Q: When I complete my DIY Will, do I need to take it to a court to have it witnessed and made legal?
A: No, you don't need to take your Will to a court.  It can be witnessed by friends or anybody else you trust and it's perfectly legal.  The only people who shouldn't be witnesses are the beneficiaries of the Will - witnesses can't inherit anything from a Will they are witnessing.
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Q: Can my executor witness my Will?
A: An executor (or a spouse of an executor) can safely act as a witness unless he or she is also a beneficiary, or a professional adviser who may wish to charge for his or her services, in which case another witness must be found.
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Q: Can an executor be a beneficiary of my Will?
A: Yes, and you can have up to four executors. Remember, though, that whoever witnesses your Will can’t be a beneficiary of it.
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Q: I am unmarried but I live with my partner. Should I make a Will including him?
A: Assuming you want your partner to inherit from you, it is very important for you as an unmarried person to make a Will. Because of how the law works, your unmarried partner will receive nothing if you die without making a Will in their benefit.
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Q: I am married and my husband/wife already has a Will. Do I need one too?
A: Yes. Both you and your spouse should make Wills, even if most of your property is in one person’s name. This will allow you to name your spouse as the person who will benefit from your property if you die, and you can decide where your property should go if your spouse dies before you.
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Q: I already have a Will but I want to change it, should I just add the changes to the Will I’ve made?
A: No. You shouldn’t change your Will by altering one you’ve already made. The best way to do it is to prepare a new Will, and include the fact that all previous versions are cancelled. It’s actually a good idea to destroy all the copies of your old Will, just to make sure, once you have completed the new version.
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Q: What should I include when making my Will?
A:

Obviously, you should include exactly who will inherit your property, and what in particular each person will inherit. Just as importantly, you should choose the person who will be responsible for carrying out your wishes and who will act as a guardian to your children if they have no other parent.

You can also use your Will to say whether you would prefer burial or cremation and if you would like to be an organ donor. Lastly, you might be able use it to reduce the amount of tax to be paid by people inheriting from you.

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Q: What happens if I die without making a Will?
A:

If you die without making a Will, or if your Will is invalid, you die intestate. The management of your estate, which is your house (if you have one) and any other assets minus all your debts, is then done by administrators (called ‘executors-dative’ in Scotland) appointed by the court, who will probably be your close relatives..

In some cases, your possessions may go to the Crown, but generally the bulk will go to your spouse or if you don’t have one, your children. If you have no children, other blood relatives are next in line. One in two people in the UK currently dies without making a Will and if you haven’t done so already, it’s a really good idea to prepare one.

In Scotland, the rules of intestacy allow your spouse and dependants to claim your property and money regardless of your wishes. If no surviving relatives can be found, your entire estate goes to the Crown.

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