What Can Invalidate a Will?

The process of estate planning involves making important decisions, and one of the most critical aspects is creating a valid Will. A Will ensures that your wishes regarding the distribution of assets and the care of loved ones are respected after your passing. However, there are certain circumstances that can invalidate a Will, making it crucial to understand these potential pitfalls. In this blog post, I will discuss some common factors that can render a Will invalid.

1. Lack of Testamentary Capacity:

For a Will to be considered valid, the testator (the person creating the Will) must have the necessary mental capacity. They must understand the consequences of their actions and possess a clear understanding of the nature and extent of their estate. If it can be proven that the testator lacked testamentary capacity at the time of drafting the Will, it may be invalidated.

2. Lack of Proper Formalities:

A Will must adhere to specific formalities to be legally valid. In the UK, this typically includes the following requirements:   a. The Will must be in writing and signed by the testator.   b. The testator's signature must be witnessed by two independent witnesses, who must also sign the Will in the testator's presence.   c. Witnesses must be of legal age & mentally competent. Failure to meet any of these formalities could result in the Will being declared invalid.

3. Undue Influence:

Undue influence occurs when someone exerts pressure on the testator to the extent that their free will is compromised, leading to the creation of a Will that does not accurately represent their true wishes. If there is evidence of undue influence, such as coercion or manipulation, it can invalidate the Will.

4. Lack of Knowledge and Approval:

To ensure a Will is valid, the testator must have knowledge of the content of the Will and approve its provisions. This means they must understand and agree with the information documented within the document. If it can be proven that the testator did not have knowledge or approval of the Will, it may be deemed invalid.

5. Fraud or Forgery:

If a Will is found to be the result of fraud or forgery, it is automatically invalidated. This includes situations where the testator's signature was forged, false information was inserted, or any other deceptive actions occurred during the drafting or execution of the Will.

6. Marriage:

If a Will is written and does not have a contemplation of marriage clause and you get married, the Will is then invalid. A new Will must be made immediately, should this happen. Ideally you would have a new Will drafted prior to being married, containing the contemplation of marriage clause to ensure you are not left without a Will at any point. 

Note: Whilst a beneficiary signing as a witness of the Will does not invalidate a Will, this would mean that the beneficiary would forfeit the right to their share of the estate.  

Conclusion:

Creating a valid Will is a crucial step in estate planning. To ensure your final wishes are not compromised, it is important to be aware of the factors that can invalidate a Will. By understanding the requirements for testamentary capacity, proper formalities, avoiding undue influence, ensuring knowledge and approval, and protecting against fraud or forgery, you can safeguard the integrity of your Will. Remember, seeking professional advice from an estate planning consultant is always recommended when creating or updating a Will to ensure its validity and accuracy.