Contesting A Will - The Difference Between A Valid And Invalid Will - By: Tim Bishop

If you are thinking about contesting a will, then you need to know exactly what makes a will valid as opposed to invalid. This article looks at the requirements for a valid will and the grounds for disputing a will you think is invalid.

A valid will

A valid will should be made by a person over the age of eighteen. The person must also be of sound mind, know completely what they are doing and the consequences of their actions. They should ideally seek legal advice before making the will as this means the will is much more likely to be valid than if they did it all themselves.

The will must also be written without undue influence from any party and the provisions set down by the document must be at the instigation of the testator. The will must be signed by the testator and witnessed by two people who are not beneficiaries. The witnesses must also be convinced that the Will is valid and be happy to sign against that fact. If the will is appointing a guardian for a child, it must also be dated.

Revoking a will

A testator can choose to revoke their will at a future date if they wish to amend the provisions contained within it. Once again it must be completely their own idea to do so and the correct procedure must be followed which will ensure that the previous Will is obsolete. A will is also generally revoked when a person marries or enters a civil partnership, so this is another occasion when a new will would have to be made.

Invalid wills

There are certain circumstances under which a will is invalid that a person may feel they are in position to contest a will. If some of the requirements are not met in the testator's Will then this could be grounds for contensting the Will. For example, if a will has not been signed by the testator and two impartial witnesses, it could be rendered invalid. Similarly, if you have evidence that the person was not of sound mind when they made the will, you can challenge it.

Remember that, by and large, people can choose to leave their estate to whomever they choose: proximity of relation to the deceased does not necessarily entitle you to an inheritance unless you were financially dependant on them. If this is the situation and you have been missed out, then you could have a case to challenge it. Otherwise, the only ground for disputing a will is if it is expressly invalid.

About the Author

Bonallack & Bishop are solicitors specialising in contesting a will. For advice on disputing a will contact one of their lawyers today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm.

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