The legal history of Wills dates all the way back to ancient Greece and permitted men to dispose of their estates. The criteria included that they were citizens of Athens, that they were male, not adopted and without male children. They needed to be of sound mind, not imprisoned or induced by the charm of a wife. As you can see things have moved on since then and the Wills back in ancient Greece required several witnesses to be present. Roman law furthered the understanding of Wills and the notion of probate came about doing this time. The influence of Christianity affected the process of drafting Wills and made the process more in line with that of which we have today. The Romans influenced English law and in the words of Sir Henry Main, ‘The English law of testimony succession to personality has become a modified form of the law relating to Roman citizens'.
The first Wills Act dates back to 1542. There were regional variations to this for example the county of Kent had different rules in relation to the disposition of land it was not until 1815 that there was a form of continuity and consistency within the law relating to these documents. Today the Wills Act 1837 is the primary legislation that governs Bristol Will writing and there have been amendments over time although the key points remain the same, such as protecting people from making Wills from undue influence. For example, the basic criteria remains in that a person must be at least 18 years of age, must make the Will voluntarily, be of sound mind and the signing witnessed in the presence of two independent witnesses.
A beneficiary can be a witness, a direct or indirect beneficiary that is, however they may lose their entitlement under the Will if they sign and act as a witness. It is true that some legal services are reserved activities meaning that they can only be carried out by regulated professional such as a solicitors. For many other activities and this includes Bristol Will writing, there are no such restrictions and any individual can carry out the process of drafting a last Will & Testament. It is however important to be aware that some providers are unregulated and you should always check with the provider first to ensure that they have the necessary legal experience to perform the function of a legally qualified person preparing your Will.
Bristol Will writing has changed little over the centuries and under the law of England and Wales such a document must still be executed in accordance with the Wills Act 1837. To ensure your document is legally binding it is strongly advisable to seek the assistance of a professional and over many years of experience we have been helping people in the Bristol area to write a Will.
It is fair to say that far too many DIY Wills are completed incorrectly and is it only until after the testator, the person who has made the Will, has passed away that the mistake is realised, however unfortunately is too late at that time to correct the mistake. If you would like more information on preparing your last Will and testament please contact Rose and Trust of Bristol on 0117 369 1969 or visit our website at www.rosetrust.co.uk and we will be happy to help you.