Is your Will still valid?
The ways in which your Will may be invalid.
Have you signed your Will correctly?
It is extremely important that your Will is signed in the correct manner as failure to do so may invalidate your Will. Like most Will writers or solicitors, Redstone Wills offers guidance as to how the Will should be signed and witnessed.
As a general rule Wills made under English law should be dated, signed by the testator (the person making the Will) and then signed by two witnesses over the age of 18 of full mental capacity and who do not benefit from the Will or their spouses do not benefit from the Will.
Staples or marks
A Will maybe challenged by the probate registry while obtaining a grant of probate if it contains staples or marks on the basis of “Where are the documents that were stapled to the Will?” which may cause confusion and delay.A later Will automatically invalidates any older Wills which have been put in place. This means that you may think an older Will is valid, but the newest Will shall always take precedence when distributing your assets.
If your Will has been damaged or pages torn out again this could give rise to challenge from the probate registry leading to further questions like “how do we know the page wasn’t deliberately removed by the testator?” and “how do we know there we not further pages?”
Hand written corrections or changes
We would recommend that you never make manual changes or deletions to your Will. The changes or deletions would only be valid if signed directly next to the change by the testator and two witnesses. It is also advisable if manual amendments have been made that they are dated because amendments after the date of the Will are not accepted. If this is not done properly you may find that the change is invalid and we always recommend you speak to your Will writer to have changes made to your Will.
It may be obvious, but if you have written a Will which has been lost or your family cannot locate it, the Will cannot be used. Remember to always keep your Will in a safe place and let your Executor know where the Will is located. Redstone Wills can provide secure storage so that your family know exactly where the Will is when required in the future.