What Invalidates A Will?
- Written by: Jason
- Category: Probate, Will Writing
- Published: 19th May 2014
If you are considering making a Home Made DIY Will you need to be aware that a Will is not considered to be valid if it does not fulfil the requirements of the Will’s Act 1837
A Will must be considered valid in order to obtain a Grant of Probate.
When making a Will it is important to ensure it has been drafted correctly to avoid any future potential Will disputes, which can often arise if a Will has been incorrectly made and the validity of a Will, therefore comes into question.
According to a recent investigation by the Legal Services Consumer Panel, one in five wills fails to make the grade.
A commonly used reason for contesting a Will is to demonstrate that the Will was incorrectly drafted at outset. So it is important to be aware of any factors that can invalidate a Will.
Factors That May Invalidate A Will |
|---|
| Not signed & dated by the testator in front of two witnesses who sign the Will to this effect |
| The Will is a photocopy and not the original signed & witnessed document |
| The Will has signs of being tampered with or altered |
| The Will was not the last Will that the testator made |
| The testator made the Will under duress or undue influence |
| If not written in contemplation of marriage, marriage revokes a previously made will |
| The testator did not have the proper legal capacity when making the Will |
| The testator was not of sound mind and understanding when making the Will |
| If a Will fails to dispose of all assets, in certain circumstances the will could fail |
| If a witness is also a beneficiary, the beneficiaries share will fail |
| If dependents are left out without an appropriate clause in the will it could be open to challenge |
Summary
An invalid Will can cause unwanted emotional stress for your loved ones. Creating a potentially lengthy and complicated process to resolve simple matters. It is always advisable to seek professional help when making a Will and planning for the distribution of your estate in the event of your death.
Related Links
Revocation of a Will: By marriage or civil partnership
Why use a Professional Will Writer
Mental Capacity Act 2005
Making A Will Online