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What is the legal age to make a Will?
What is the legal age to make a Will?

Age requirements for making a Will

Heena Nadeem avatar
Written by Heena Nadeem
Updated over a week ago

For your Will to be legally valid, you must be 18 or over and have testamentary capacity. Many people do not even consider making a Will until they are well beyond this age, probably because they look forward in the expectation of a long and happy future. For most of us, this will be true. But it is impossible to know what life will throw at us, and making sure your affairs are in order is always a good idea.

There is an exception to the minimum age, enabling people on active military service to make Wills under the age of 18.

However, in reality it will probably be a life event, rather than attaining a particular age, that will prompt you into making a Will. There are a number of life events that should act as triggers for making a Will or reviewing an existing one.

Leaving home

When you become financially independent from your parents is a good time to make a Will. If you die as an unmarried person without children and without a valid Will in place, your assets will go to your parents, under the intestacy rules. This is all very well when you are still financially dependent on them; after all, they will probably have given you most of your assets. But when you have earned or acquired the assets on your own, you may begin to feel differently about things. There may be other people you would like to benefit on your death and unless you have a valid Will, this will not be possible. This can be particularly relevant if you are moving in with your partner, but not married or in a civil partnership.

Getting married or entering into a civil partnership

If you get married, enter into a civil partnership or are living with a long-term partner, you may wish to provide for your spouse or partner in a way that is different from the intestacy rules. There is a common misconception that the whole of an individual’s estate will pass to their spouse or civil partner on their death, but this is not the case.

It is important to note that marriage or entering into a civil partnership revokes any existing will you may have, so you will need to make a new one and at the same time consider whether the provisions of your old Will are still appropriate.

Having children

Having children will change your life in more ways than one! A Will allows you to choose who will look after your children should you die (by appointing Guardians) and also what assets you want to give to your children on your death.

Divorce, re-marriage or a new civil partnership

If your personal circumstances change, it is almost inevitable that the terms of your Will are no longer going to be appropriate. If you divorce or your civil partnership is dissolved, your former partner will no longer be a beneficiary under your Will. If you re-marry or enter into a new civil partnership, any Will you had is automatically revoked so you will need to make a new one.

Terminal illness

If you are suffering from a terminal illness or a condition that is likely to affect your powers to act in the future, you may want to make a Will to ensure your assets pass to the correct beneficiaries rather than under the intestacy rules.

It is quite common for people receiving long term care or treatment from a hospice or charity related to their illness to remember that in their Wills. If that applies to you, you may consider leaving a legacy to the charity in your Will.

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