In the UK, the validity of a will can be challenged under various circumstances. Common reasons for invalidity include lack of testamentary capacity, undue influence, and failure to comply with legal formalities. Understanding when a will might become invalid is crucial for ensuring your final wishes are upheld. Our team of solicitors specialises in wills and probate law and can provide expert guidance to safeguard the validity of your will. Contact us today for personalised assistance and peace of mind in planning your estate.
We receive numerous inquiries from clients who are uncertain as to whether a Will is valid. Therefore, when does a Will become invalid?
The Will
The starting point is the Will itself. There are very stringent laws governing how a Will must be executed. A valid Will must be signed by the testator in the presence of two witnesses, according to these rules. Although this may seem evident, we frequently encounter situations in which the testator has not signed the Will, the witnesses have signed at different times, or the signature itself is flawed.
Wills are often not signed in the presence of at least two witnesses, which is by far the most frequent error we encounter.
The Will is unclear.
Occasionally, the provisions of a will are ambiguous or simply wrong. In such situations, only the ambiguous or incorrect clauses of the Will might be invalid. As examples:
- Mistakes in Wills regarding gifts with ambiguous amounts
- Gifts failing because the Testator no longer owned the asset. This is common with real estate – we have acted in many cases where gifts in Wills fail because the testator no longer owns the asset.
- Gifts made to beneficiaries who are no longer alive because the Will lacks a substitute clause ( eg. what happens to the gift if it fails )
Lack Of Capacity
The Testator must have possessed the mental capacity to write a Will. Numerous Wills are contested on the grounds that the testator lacked the required mental capacity.
Wills created under duress
Unfortunately, many Wills are the result of coercion or force on the part of the testator. These Wills may be challenged and declared invalid if undue influence is confirmed.
What occurs when a Will is declared invalid?
If a Will is declared invalid, an earlier Will or the norms of intestacy take precedence.
