Can I make a verbal will?
Posted on 18th March 2024
In many countries verbal Wills (i.e. those spoken by the deceased before their death, usually in the presence of at least one witness), are valid. In England and Wales, however, they are not – one of the main requirements for a Will here is that it must be written down (and correctly signed/witnessed) so that it’s a valid legal document in accordance with s9 of the Wills Act 1837.
Contact our Wills Solicitors in Lancaster
Firstly, it’s important to make sure that you have a valid Will throughout your life, and that you keep it up to date. Circumstances can change, whether you acquire property or have a child, or you get married, the advice from our Wills Solicitors is simple: review and, if necessary, update your Will. If the changes that you need to make are major, you may need to make a whole new Will.
Our Wills Solicitors in Lancaster’s charges for updating a Will start from £100.00 plus VAT, if the Will was previously prepared by us and the changes are minor. If you are making quite a few changes, or you are not a previous Will client, we are happy to assist from £185.00 plus VAT. To confirm the charges for your Will update or preparation, contact 01524 581306, or see our list of up-to-date fees, here:
Will writing fixed-fees
Single Wills
30 minute appointment to discuss your requirements for your Will, and your wishes.
Preparation of your draft Will, and making reasonable amendments (if required)
Arranging signature of your final Will
Storage of your final Will
Registration of your Will with Certainty, the National Will Register (if required)
Does not include any additional work required, such as full advice about inheritance tax or the inclusion of trust provisions in your Will.
£185.00 plus VAT for simple single Wills. If you include trust provisions, the fees can be higher. Please contact us for your bespoke quote.
Mirror Wills
30 minute appointment to discuss your requirements for your Wills, and your wishes
Preparation of your draft Wills, and making any amendments (as required)
Completion of your final Wills
Storage of your final Wills
Does not include any additional work required, such as full advice about inheritance tax or the inclusion of trust provisions in your Wills.
£345.00 plus VAT for simple mirror Wills. If you include trust provisions, the fees can be higher. Please contact us for your bespoke quote.
Many of our clients wonder whether they can make the change verbally, for example by telling their executors and Trustees of the amendment. The short and long answer is you cannot. In a Will, the provisions should be definitive, and easy for the executor to understand and follow. In cases where they cannot understand something, they have a right to seek legal advice. However, provisions in a Will should never be uncertain. Verbal changes could create uncertainty.
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Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
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When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
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If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster and Lytham for your convenience.
In one case, where the deceased (Mick Ivory) allegedly made a death-bed request to not let the rest of his family “get their hands on his hard-earned money”. Mr Ivory did not have a valid Will in place before he died.
Peter Ivory, the deceased’s brother, began to administer the deceased’s estate, which consisted of a property in Surrey (which was sold), his beloved dog, and a collection of rare Osmond Family memorabilia. Having sold the property, Peter received £414,000.00 which, after estate expenses, decreased to £367,000.00, as well as the dog and memorabilia.
Peter contends that his brother told him to keep it all or, if he could not, to give it away to charity. He therefore took charge of the dog, donated the memorabilia to the Osmond fan club, and withdrew £150,000.00 in cash, which he then travelled around passing out to those in need, including homeless people, and a dog charity. Outside of Court, Peter’s Wife, Jackie, also revealed that they helped to pay for a friend to go on holiday and donated money to a school.
Peter’s other siblings, Alan and John, and his nephew, Michael, were outraged, and contended that the estate should have been divided equally between them all under the rules of intestacy.
Peter’s defence was based on the legal concept of ‘Donatio mortis causa’ (a gift given by a sick person when they are close to death), Alan, John and Michael have now made a claim against Peter in Court, and
Peter Ivory, 58, now faces a £250,000 bill after claiming he "did the right thing" by following his dying brother Mick's wishes not to let the rest of the family get their hands on his £414,000 fortune.
As well as ordering him to hand over £245,000 to the other family members, the judge ordered Peter to pay their lawyers' bills for the case, estimated at about £10,000. The judge told Peter he had committed a "monumental breach of his duty as administrator" of his brother's estate.
You knew that they had legal entitlements, but you decided that, because your brother had expressed certain wishes, you weren't going to comply with the law," he said.
"What you have done - and have decided to do - is think 'I don't think much of the people legally entitled to this money and so I am going to give it to someone else'."
Always instruct solicitors to draft your Will
If you act on the verbal or informal wishes of your relative after their death, you could be ordered to pay the money back to the rightful beneficiaries, even if you no longer have it. This could mean using your own funds, or repaying the debt over time if you do not have sufficient money to make a lump sum repayment.
To prevent any issues arising for your loved ones after your death, make or update your Will to reflect your wishes, ensuring you keep it up to date when your wishes change. Call our Wills Solicitors in Lancaster to discuss your Will on 01524 581306 or email wills@mglegal.co.uk.
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