Wills + Probate: What are the requirements for a valid Will?

A recent case in which charities lost a £1 million gift due to errors made in the process of signing a Will highlights the critical importance of proper Will execution.

In this case the testator signed their Will in the presence of only one witness. The second witness added their signature later after the Will writer had returned to their office. This failure in execution made the Will invalid and probate was issued on an earlier will, favouring different beneficiaries.

What are the requirements to execute a Will in the UK?

In the UK, for a Will to be valid, it must be signed by the testator in the presence of two independent witnesses. All three individuals should be present together during the signing. If these requirements are not met, the Will is considered invalid.

Mistakes in Will execution can lead to significant consequences, including the estate being distributed according to a previous Will or under intestacy rules. This may result in assets being allocated contrary to your wishes, potentially causing disputes and costly legal cases among your family and beneficiaries.

How can I protect my Will?

Although Will execution formalities appear simple, this case confirms the importance of taking professional advice to ensure the Will you prepare is valid and will distribute your estate at your death. We also recommend regularly reviewing your Will to ensure it continues to reflect your wishes and circumstances.

How we help to make sure your Will is valid.

At Thatcher + Hallam LLP we have an experienced and friendly team of Will writers to guide you through the process. We can act as witness to the signature of your Will and we offer to store your Will securely for your lifetime for no extra charge, giving you peace of mind this won’t happen to you.

For further information please see our website and our client feedback on Review Solicitors. If you would like to arrange an appointment with our Will writing team, please contact us by calling 01761 414 646 or emailing us on enquiries@th-law.co.uk or contacting us through our website.