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5 Things That Could Make Your Will Invalid in the UK

5 Things That Could Make Your Will Invalid in the UK

It’s important to know what makes a valid will. In the event of an invalid will, your beneficiaries can be financially hurt, and your final wishes may not be carried out.

Here are things that could affect the validity of your will in the UK.

1) It’s Not Written Down

Your will must be in writing. A handwritten will is the most common way to get the job done (it’s also cheaper to do it this way).

However, it’s also possible to make a will by sending a letter to a solicitor, or by dictating a will to someone else and having that person write it down.

What’s important is that you have some sort of document that has your wishes for the future outlined. If you don’t have a written will, the state will make the decisions for you.

2) There Are No Witnesses

A will must be witnessed by two people.

These two people must sign a statement saying that your will was indeed written freely and voluntarily and that you aren’t under the influence of drugs, alcohol, or any undue pressure.

It’s a good idea to choose two people who know you well and can vouch for your mental state.

3) No Testamentary Capacity

A will must be written by a person who has what’s called “testamentary capacity.” This means that you are, at the time of writing, capable of making a will.

For example, you might have testamentary capacity if you’re not under the influence of drugs or alcohol, and you’re fully aware of what you’re doing and what you own.

However, if you’ve had a stroke or some other form of brain damage, or if you have dementia, you might be lacking testamentary capacity.

4) Photocopied or Altered

If your will is altered or copied, that might invalidate it. It’s best to write it out yourself and keep the original.

However, it’s okay to make copies of your will or to make changes to your will attached to the original. The important thing is that the will is written and signed by you and that it’s not altered.

5) Made Under Duress

Since you’re the one who decides what happens with your money in a will, there can’t be any undue pressure put on you to write the will a certain way.

For example, someone else might not be allowed to write a will for you.

If someone does try to force you to write a will in a certain way, it’s not valid.

How Does Marriage Affect Your Will Validity?

In the UK, a valid will must be dated, written and signed by the person who owns the property. It must also be signed by two witnesses. With this in mind, marriage may affect the validity of your will.

If you were married before you wrote your will, your spouse will normally receive everything you leave behind. However, this doesn’t count if you were married under a will and trust, which is a special kind of prenuptial agreement.

Conclusion

Wills are an important part of your estate plan. In order for your will to be valid, it must be written, dated and signed in your own handwriting, dated and witnessed by two people who understand what you’re doing. 

If you are planning on writing a will, Wills and Probate can help. We are able to assist you with estate planning in the UK, to make sure you and your family have a secure future. Get in touch with us today to learn how.