What is a Will, and Why Does it Matter for Probate?

A Will is a legal document in which a person sets out their wishes for how their estate should be managed and distributed after their death. It names the executor(s) responsible for carrying out those wishes and identifies who should receive what.

What makes a Will valid?

• It must be in writing
• It must be signed by the person making the Will in the presence of two independent witnesses, both present at the same time
• Both witnesses must sign in the presence of the testator

The witnesses must be independent. A beneficiary (or their spouse or civil partner) cannot validly witness the Will without risking their gift.

Why does it matter for probate?

With a valid Will, an executor applies for a Grant of Probate and distributes the estate in accordance with the Will’s instructions. Without a valid Will, the estate is intestate, a relative applies for Letters of Administration, and the estate is distributed according to the Rules of Intestacy, which may not reflect the deceased’s wishes.

Finding the original Will

The original Will (not a copy) must be submitted to the Probate Registry. Check the deceased’s home, contact their solicitor, search the National Will Register (Certainty.co.uk), and check whether the Will was deposited with the Probate Service. YouCanDoProbate handles probate both with and without a Will.