What Happens Next

Everything you need to know about what happens when you have written your will and when it comes into action.

When does a Will become legally binding?

A will does not become binding until the person who makes it dies. Until that point the person making the will is not bound at all and can change their mind as often as they like by making a new will. For guidance on what makes a valid will, see How do I make sure my Will is legal? [https://www.affio.co.uk/how-do-i-make-sure-that-my-will-is-legal/] As always, we’ll be on hand to give you guidance and checklists every step of the way, so if you have any questions, you only have to ask.

How do I revoke my Will?

If for whatever reason at any time you choose to cancel or revoke your Will this can be done in one of two principal ways: 1. By destroying it. 2. By making a new one, which expressly revokes any previous Wills. Destroying all previous Wills Simply gather together all signed copies of your Will including those securely stored elsewhere and destroy them for example by tearing them up, shredding them or burning them. Alternatively you can get someone else to destroy them in your presence. Ma

When can your Will be challenged in court?

Just because you have a will it doesn’t mean everyone’s going to be happy with its contents when you die. Whilst everything might be very amicable now, start talking inheritance and those you care about might not completely agree with what your final wishes are, either through resentment or simply through not understanding your Will’s contents. A person can’t contest a will just because they’re unhappy with what it says. Sometimes wills are challenged in court on the basis that they are not le

What taxes will my estate incur and how will they be paid?

Inheritance Tax (IHT) is a tax levied on a deceased’s estate. The estate is, with a few exceptions, everything the deceased owns immediately before death. Normally the tax is charged at 40% of the value of the estate. However there are lots of exemptions that mean currently only about 1 in 20 estates pay any IHT. We explain these exemptions below. Leaving all or part of your estate to your husband, wife or civil partner The good news is that any gifts made in your will to your spouse or civil p

Who can witness my will?

Your will must be witnessed for it to be valid. So one of the most important steps in completing your will is to have it witnessed correctly. For a full description of the witnessing procedure see how to make sure your will is legal [https://www.gov.uk/make-will/make-sure-your-will-is-legal]. Your witnesses There are no particular rules around who can (and can’t) witness your will, other than they must be must be capable of understanding what they are doing. However, if a beneficiary of the w