In England, Wales and Northern Ireland, the person making a Will must have reached the age of 18. Although there is an exception to this where the Will is a privileged Will (IHTM12046). In Scotland, a child over the age of 12 can make a Will.

For a will to be valid it must be shown that the testator or testatrix (IHTM12001) was of a ‘sound disposing mind’ when the Will was made, Banks v Goodfellow [1870] LR 5QB 549.

This means that the testator or testatrix must

be aware that the wishes expressed in the Will will take effect on death

understand the way the estate will be distributed amongst beneficiaries

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