A will sets out your wishes for how your estate should be distributed. It ensures your estate is shared exactly as you intended. This provides your loved one’s clear guidance and removes uncertainty about what they are meant to receive. However, many families only may find out about a will or question the validity after probate has been granted.
Why question the validity of a will?
Concerns about whether a will is truly valid can still emerge even after probate has been granted. Questions often arise around the way the will was signed, whether the testator had the mental capacity to make it or if any undue influence played a part in its creation. Proving this can be a challenging process by providing substantial evidence, testimonies and legal expertise.
A will may be declared invalid in the UK for several different reasons.
- Lack of testamentary capacity: The person who made the will must understand what they are signing and the decisions they are making. If they have mental health conditions such as dementia; The will can be deemed invalid because the person may not fully understand the effect of the decisions they are making.
- Undue influence or pressure: The person’s actions may have resulted from third‑party pressure rather than their own personal wishes. As a result, the person may not understand or consider who might benefit from receiving the estate.
- Improper execution: The will has not been executed correctly. For instance, it must be signed in the presence of two witnesses. If the legal requirements are not met, then the will may be declared as invalid.
- Fraud: There might be concerns if a will has been forged or altered after the will has been signed.
Consequences of an invalid will
If a will is ruled invalid, the estate is instead distributed under the previous valid will. If there was no previous will, the estate is treated as though the person died without a will and will be distributed according to the laws of intestacy.
Although Blanchards does not handle contentious probate matters, we specialise in locating next of kin for intestate estates and work on hand with legal professionals to trace beneficiaries named in wills.
Final thoughts
It’s important to make your final wishes clear to the people around you. Some people choose to tell their family that they have a will, while others prefer to let their estate pass under intestacy laws so that their spouse or children inherit automatically.
Contesting a will can be a complex and emotional legal process. It may cause family disputes, costly legal fees and delay the estate settlement. If you believe a will does not reflect the deceased’s wishes or is invalid, consult with a qualified solicitor to navigate the issue. For more articles like this, explore our other blogs on our website.
