What invalidates a Will?

What makes a Will invalid?

There are a few common mistakes which are often made when drafting a Will without the professional help of a solicitor.  A Will can clearly express what you would like to happen with your estate, yet still fail to meet the legal requirements. In England and Wales. The main risks involve how it is signed, whether you understood it, whether it reflects your own decisions and whether you have made a new Will at a key life stage.

It was not signed and witnessed correctly

The usual requirements are that your Will is in writing, you sign it with two witnesses present at the same time, and each witness signs their signature in your presence.

The simplest approach is for you and two independent adult witnesses to sign the same document together, following your solicitor’s instructions.

Choose witnesses who are not beneficiaries, or married to (or in a civil partnership with) beneficiaries.

If someone witnesses a Will that leaves them a gift, that gift will usually fail, though the Will itself may remain valid.

You lacked the mental capacity to make it

You must be able to understand what making a Will means, broadly what you own, and the claims of people you should consider when deciding who inherits. A diagnosis of dementia does not automatically prevent someone from making a valid Will. What matters is their capacity at the relevant time. Where there are concerns, Margaret can assess the position and help arrange for a medical check which will provide the required evidence that mental capacity is not lacking.

You did not understand or approve its contents

Being able to make a Will and understanding the particular document you sign are separate requirements.

Problems can arise if someone signs without understanding what it says, particularly where another person has arranged the Will and stands to benefit.

Read your Will carefully, or have it explained to you, and raise anything that does not reflect your instructions before signing.

Your decisions were the result of coercion or fraud

Your Will must reflect your own wishes. Pressure that overcomes your freedom to decide can make it invalid. This is known as undue influence.

You married after making it

Marriage or entering a civil partnership normally revokes an existing Will, unless it was specifically made in anticipation of that marriage or civil partnership.

For example, a Will leaving everything to your children might cease to operate when you remarry.

Divorce is different - it does not usually revoke the whole Will but treats your former spouse as having died in terms of gifts to them and executor appointments, unless the Will shows a contrary intention. Review your Will whenever your relationship status changes.

Can handwritten changes invalidate a Will?

Crossing out a name or adding a gift after signing does not normally create a valid amendment. It can instead leave uncertainty about which wording takes effect.

Ask Margaret to prepare a new Will or a properly signed and witnessed codicil. Avoid altering the original yourself.

What happens if a Will is invalid?

If there is no valid Will that applies, the intestacy rules determine who inherits. An unmarried partner has no automatic entitlement under those rules.

Not every error invalidates a whole Will. A misspelt name may be resolvable, and a failed gift may affect only part of the estate. Nor does a disappointed relative’s objection automatically make a Will invalid: a claim for financial provision is a separate matter.

How can you protect your wishes?

Have your Will professionally prepared, follow the signing instructions, keep the original safe and review it after major life changes.

A Will should give your family clarity when they need it most. Margaret Ambrose can help you make or review your Will so that it reflects your requirements and also meets the legal requirements.