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Single Will

Purpose

A straightforward will for an individual to outline how their assets should be distributed after death.

Common Use

Suitable for people with simple estates and no complex arrangements.

Key Features

Names beneficiaries, executors, and may appoint guardians for minor children.

Mirror Wills

Purpose

Two wills made by a couple (married, civil partners, or cohabiting), where each person leaves their estate to the other.

Common Use

Often used by couples who have similar wishes regarding the distribution of their assets.

Key Features

Typically leave everything to the surviving partner. After the surviving partner’s death, assets are distributed to specified beneficiaries (e.g., children).

Joint Will

Purpose

A single will made by two people (usually a couple) that binds both parties to the terms.

Common Use

Less common than mirror wills due to its inflexibility.

Key Features

After one person dies, the surviving person is bound to the terms of the will and cannot change it. Also Suitable for people who want to ensure their agreed intentions cannot be altered after one party’s death.

Living Will

Purpose

States an individual’s wishes about medical treatment if they lose mental capacity and cannot communicate their decisions.

Common Use

Used to refuse certain medical treatments or life-prolonging interventions.

Key Features

Legally binding under the Mental Capacity Act 2005. Does not cover financial matters or appoint someone to make decisions for you (a Lasting Power of Attorney would be needed for this).

Trust Will

Purpose

Creates a trust within the will to protect assets or provide for specific beneficiaries.

Common Use

Suitable for complex estates or situations where assets need to be controlled (e.g., providing for minor children or vulnerable dependents).

Key Features

Allows control over how assets are distributed over time. And Common types include Property Trust Wills and Discretionary Trust Wills.

Holographic Will

Purpose

A handwritten will without witnesses.

Common Use

Rarely used in the UK, as it generally does not meet the formal requirements under the Wills Act 1837 and may be invalid.

Mutual Will

Purpose

Similar to joint wills but includes a legally binding agreement that the surviving party cannot alter the will.

Common Use

Often used by couples who wish to ensure the distribution of assets remains fixed after the death of one partner.

Key Features

Legally enforceable and difficult to change.

International Will

Purpose

Recognized in many countries for individuals with assets or connections abroad.

Common Use

Suitable for those with property or investments in multiple countries.

Key Features

Complies with the UNIDROIT Convention on international wills for validity across jurisdictions.

Key Legal Requirements for a Valid Will in the UK:

Age

Must be at least 18 years old (16 in Scotland).

Mental Capacity

The testator must have the mental capacity to understand the will’s effects.

Writing

Must be in writing (typed or handwritten).

Witnessing

Signed by the testator in the presence of two independent witnesses (who also sign it).

Voluntary

Must be made voluntarily without undue influence.

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