Making a valid Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. However, it is important to note that there are some circumstances in which the validity of a Will can be challenged, and it may be rendered invalid.
In many cases, concerns surrounding a Will only come to light after someone has passed away and the probate process is underway. If this happens, it can lead to uncertainty, family disputes and delays in estate administration. Although this can make an already-emotional time more difficult, if you believe a loved one’s Will may be invalid, it is important to seek legal advice as soon as possible.
The earlier specialist advice is obtained from a Will Dispute Solicitor, the easier it can be to protect your position and understand the options available to you.
What makes a Will invalid?
There are several legal grounds on which a Will can be found to be invalid in England and Wales. Each case will depend on its individual circumstances, but some of the most common reasons are outlined below.
Lack of mental capacity
For a Will to be valid, the person making it (known as the testator) must be sound of mind and have the mental capacity to understand:
- That they are making a Will
- The nature and value of their estate
- Who may expect to benefit from their estate
- How their assets will be distributed
Concerns about mental capacity commonly arise where the testator was living with dementia, Alzheimer’s disease, or another condition that may have affected their ability to make informed decisions at the time the Will was signed.
Undue Influence
A Will may be challenged if the testator was subjected to undue influence. This occurs when someone exerts pressure on the testator to make decisions that do not reflect their own wishes.
Examples may include:
- A family member isolating the testator from others
- Persistent pressure to change beneficiaries
- Threats or emotional manipulation
Proving undue influence can be complex, which is why specialist legal advice is often essential.
Improper execution of the Will
A Will must always be executed in accordance with strict legal formalities to be deemed valid.
Generally, this means the Will must:
- Be in writing
- Be signed by the testator
- Be witnessed by two independent witnesses who are present at the same time
Common issues include missing signatures, incorrect witnessing procedures, or amendments that have not been properly executed.
Fraud or forgery
If there is evidence of fraud, forgery or dishonesty, a Will could be deemed invalid.
Examples of this include:
- A forged signature
- False information being used to influence the contents of the Will
- Pages being altered after the Will was signed
Where fraud is suspected, a thorough inspection is often required, including handwriting analysis and witness evidence.
A more recent Will exists
In many cases, a newer valid Will automatically revokes an earlier one. This may create issues where family members are unaware that a later Will had been made.
Marriage or civil partnership
A common misconception is that a Will remains valid indefinitely. In fact, a marriage or civil partnership can revoke an existing Will unless it was specifically made in contemplation of that marriage or civil partnership.
As a result, someone may die without realising they do not have a valid Will in place after marrying, which can significantly affect how their estate is distributed.
Can an invalid Will be contested and changed?
If you believe a Will is invalid, it may be possible to challenge it through the courts. A claim may arise due to a lack of mental capacity, undue influence, improper execution, fraud, forgery or another recognised legal ground. Every situation is different, which is why obtaining early legal advice is so important.
A Will dispute solicitor can assess the available evidence, advise on the strength of any potential claim and help you understand the most appropriate course of action.
In some cases, disputes can be resolved through negotiation. Where this is not possible, the court will make the final decision on the validity of the Will.
If the Will is ruled invalid, the estate may be administered under an earlier valid Will. Where no valid Will exists, the estate will be distributed according to statutory rules rather than the testator’s wishes (known as intestacy).
How to ensure your Will remains valid
While no one can eliminate the risk of a future challenge, there are steps you can take to help ensure your Will remains legally valid:
Use a solicitor
A solicitor can ensure your Will is drafted correctly, reflects your intentions and complies with all legal requirements. No matter what type of Will you require, our Will writing solicitors can offer sound legal advice and comprehensive guidance.
Ensure proper witnessing
Following the correct signing and witnessing process is essential for creating a valid Will.
Review your Will regularly
Your circumstances can change over time. Reviewing your Will periodically helps ensure it remains up to date and continues to reflect your wishes.
Update your Will after major life events
Marriage, civil partnership, divorce, separation, the birth of children, or significant changes in financial circumstances may all warrant updates to your Will.
Store your Will safely
Keeping your Will in a secure location helps prevent loss, damage or disputes regarding the latest version.
Contact Eric Robinson Solicitors
Disputes over the validity of a Will can be emotionally challenging and legally complex. Understanding the potential grounds for a challenge is an important first step, but obtaining the right legal advice early can make all the difference.
Whether you have concerns about the validity of a loved one’s Will, are involved in a probate dispute, or want to ensure your own Will is properly prepared, our specialist team can help.
To discuss your circumstances with an experienced estate administration solicitor, contact Eric Robinson Solicitors today. We are here to provide clear, practical advice and support.
We have solicitor offices in:
- Southampton
- Hedge End
- Chandlers Ford
- Winchester
- Lymington
- Shoreham-by-Sea
- Marlborough
- Richmond Upon Thames
