If you have assets in another country, it is always advisable to take specialist legal advice about your will. If you make a will in England or Wales, it may be able to cover your foreign assets – but specialist legal advice will provide certainty. 

The National Will Register is an official register of wills in the UK. It is approved by the Law Society and used by many solicitor firms. If your will is registered, solicitors can easily find it after your death.

No – it’s not compulsory to register your will on the National Will Register. However, if you register your will it can make it easier for your family to know what your wishes are after your death.

In order to be valid, a will should be:

• Made by a person over the age of 18
• Made in writing; the will can be handwritten or typed
• Made by a person with mental capacity, who understands what they are doing
• Made voluntarily and without pressure
• Signed by the person making the will, with two witnesses present
• Signed by two witnesses, in the presence of the person making the will, after they have signed the will themselves.

A solicitor can help you write a will that is legally valid and which makes your wishes clear when you die. Your solicitor can help you to:

• Create a tax efficient will
• Make sure your family and or dependents are provided for
• Use trusts to protect your wealth
• Minimise your inheritance tax bill.

Yes, it is possible to write your own will (sometimes called a ‘DIY will’) however it is not advisable that you do so. Wills are complex legal documents, and in order for a will to be considered valid after you die, it must comply with strict rules.

Common reasons to challenge or contest a will include:

• The will isn’t legally correct
• lack of testamentary capacity (of the person who made the will)
• lack of financial provision for dependants
• undue influence 
• forgery or fraud.

People who may be able to claim against an estate under the Inheritance Act 1975 include:

• wife, husband or civil partner of the deceased
• former wife, husband or civil partner of the deceased
• unmarried cohabiting partner of the deceased 
• biological children or grandchildren of the deceased
• anyone who was financially dependent on the deceased.

You might have grounds to object to the registration of a Lasting Power of Attorney (LPA) if: 

• you can prove the LPA isn’t legally valid
• the person who made the LPA (the ‘donor’) didn’t have mental capacity
• there was forgery or fraud in creation of the LPA
• the attorney is bankrupt
• the attorney isn’t acting in the donor’s best interests.

You may be able to challenge a lifetime gift that someone made before they died by proving:

• undue influence
• lack of mental capacity
• fraud or forgery.