All Wills must comply with the Wills Act which says a Will must be in writing, signed, dated and witnessed by two independent witnesses, who are not beneficiaries of the Will. These witnesses must be present to witness the signing of the Will by the Testator (the person who is making the Will) and must sign the Will themselves.
The person making the will must also have the capacity to make it, which means they must be over 18 (unless in the armed forces) and have the mental capacity to make it. In other words they must be able to understand the extent of their property/estate and be aware of the people who they would usually be expected to provide for (even if they choose not to). They must also be free from any delusion of the mind that would cause them reason not to benefit those people. These principals were first established in a very old case called Banks v Goodfellow in 1870. The judgement in this case used alongside the Mental Capacity Act 2005, still holds fast today.
If any of these rules are not complied with, the Will is not valid.
If you wish to challenge a Will, you believe is invalid, we suggest contacting a Solicitor, such as Routh Clarke, as it is not an easy process. The burden of proof lies with the contester to prove the Will is not valid and this will undoubtedly need the services of independent witnesses, who may be able to give vital evidence. For example, the deceased’s GP may be able to show that there was a lack of mental capacity, a calligrapher may be able to show that the signature was not the Will makers. Perhaps an investigator may be required to find out if both witnesses were present when the Will was signed, or perhaps they are close friends of the main beneficiary? Whatever your thoughts as to the Will’s validity, it is best to prove it one way or another using the services of an experience solicitor.
If you are in this situation and would like to speak to someone who understands this area of law, give us a call for a non-obligatory discussion and we’re sure we can help you work out your next steps.
See our other pages on Contesting Wills