To write a will one must have testamentary capacity which means that in addition to being over the age of 18 (unless you are a seaman at sea or you are in the armed forces and on active military service), you must be able to:

• Understand the nature of the transaction you are entering into, that it only takes effect on death and can be changed before you die
• Have a rough idea of what you have to leave
• Be aware of the moral claims of those you are benefiting and those you have a moral obligation to benefit (although you are not under a legal obligation to leave them anything)
• Understand in broad terms the effect of the will without your decisions being affected by mental disorder.

If you do not have testamentary capacity the Court of Protection can be requested to authorize the making of a will for you.

If you have the necessary mental capacity and are a member of the armed forces engaged in actual military service or are a seaman at sea, notwithstanding the fact that you may be under the age of 18, you can make a will without complying with formalities. It will not be revoked by leaving the service or in the case of a seaman, returning to land. Otherwise the will you write must:

1. Be in writing. It can be in any form of writing and in any language Any other expression of your wishes, such as oral ones, will not be effective.
2. Your will can be written on any material, on paper, linen or carved in stone if you wish.
3. The will must be signed by you or by someone in your presence and at your request. The signature need not be your full name or indeed your name at all as long as a court will be satisfied that the mark which is made was intended as your signature and that it was intended to authenticate the document as your will.
4. Your signature on the will must be made or acknowledged by you in the presence of two or more witnesses who must be present at the same time and of full age and mental capacity.
5. Each witness must sign the will and either sign or acknowledge his signature in your presence.
6. It must be apparent that you intend to give effect to the will by signing it. In practice your signature and those of the witnesses should appear at the end of the will to show that they are intended to give effect to all that goes before the signatures as your will.

By Gordon Bowley, author of How to Make Your Own Will, visit www.how-to-make-your-own-will.co.uk and Probate, visit www.probate-the-executors-guide.co.uk