What Makes a Will Invalid? | Solicitors in Essex, Romford & Brentwood

There are several grounds which can be relied upon, either in isolation, or together:-

• Lack of testamentary capacity of the Testator
• Lack of valid execution/witnessing of the Will
• Lack of knowledge and approval of the contents of the Will
• Undue influence or coercion of the Testator
• Fraud or forgery in the creation of the Will

Whilst the majority of probate claims can be settled at mediation, if a matter reaches the Courts, a Judge will make a determination on the available facts and evidence as to whether a Will is invalid.

There are different limits on how long you have to make a challenge depending on the basis of your claim:

• Rectification claims: 6 months from the date of grant
• Beneficiary making a claim against the Will: 12 years from date of death
• Fraud/claiming against an executor for appropriating estate assets: No time limit applies
• Inheritance Act claim (financial provision): 6 months from the date of grant of probate

If a Will is found to be  invalid, the estate is then distributed according to any previous valid Will or via the intestacy rules if a valid previous Will does not exist

No, there are various procedures in place which clarify who should replace a deceased executor. These can depend on whether a grant of probate has been granted or not. If more than one executor has been appointed, the surviving executor/s will continue in their role.

The death of a witness to a will does not affect the will’s validity. As long as the will was correctly executed at the time it was signed, it remains legally binding. However, the witness's death could lead to complications during any contested proceedings if there is a need to verify the authenticity of the signatures or circumstances in which a Will was signed.

A Will can be voided voluntarily by the testator, often by destroying the original version of it. A Will can also be voided by marriage unless a previous Will states otherwise or by way of a written declaration by the testator.

Such are set out within section 9 Wills Act 1837. A Will is to be in writing, signed by the testator (or another in their presence at their direction), signed or acknowledged by the testator and witnessed by two or more witnesses present at the same time and in the presence of the testator.

A challenge to an invalid Will often begins with an investigation and the gathering of evidence in support of the ground/s upon which a challenge is to be brought. If advised, a formal Letter of Claim is then prepared and served upon the executor/s and any beneficiaries. A Letter of Response is then received from the parties served upon either admitting (in part of in full) or denying the claim. Thereafter, it matters are unresolved, the claimant can issue court proceedings, or more likely, propose and arrange mediation with the other parties.