What Makes a Will Invalid?
Losing a loved one is always difficult, and disagreements over their will can add further emotional and legal strain.
In some cases, there may be genuine concerns about whether the will is valid.
This article explores what makes a will invalid and explains when it becomes legally unenforceable, such as through a lack of mental capacity, undue influence, or improper execution.
If you’re in West Sussex and are unsure whether a will can be challenged, understanding the legal grounds for invalidity is a crucial first step.
When Can a Will Be Declared Invalid?
A will must meet certain formal and legal standards to be legally recognised in England and Wales.
If it doesn’t, or if there are concerns about how it was made, the courts may decide it isn’t valid.
Knowing the legal grounds for challenging a will can help you better understand your options during what is often a sensitive and difficult time.
There are several key reasons why a will may be declared invalid by the courts:
Lack of Testamentary Capacity
For a will to be legally valid, the person making it (the testator) must have had the mental capacity to understand the nature and consequences of their decisions.
The courts apply the Banks v Goodfellow (1870) test, which states that the testator must:
- Understand the extent of their estate
- Comprehend the claims of those entitled to inherit
- Be free from delusions or disorders affecting their decision-making
A challenge based on a lack of capacity often arises when a testator suffered from dementia, mental illness, or cognitive impairments at the time of making the will.
Medical records and expert opinions are frequently used to assess capacity in such cases.
Undue Influence
A will must represent the testator’s genuine wishes, free from coercion or manipulation. If someone exerted pressure over the testator, such as a family member, caregiver, or friend, leading them to make decisions against their true intent, the will may be contested on the grounds of undue influence.
Proving undue influence can be challenging, as it requires clear evidence that the testator did not act of their own free will.
Courts often consider:
- The vulnerability of the testator
- Sudden and significant changes to the will
- The relationship dynamics between the testator and beneficiaries
Fraud or Forgery
If a will has been tampered with, falsified, or fraudulently created, it can be ruled invalid.
Examples include:
- Forgery: A signature that was not genuinely made by the testator
- Misrepresentation: Providing false information that influenced the testator’s decisions
- Deceptive conduct: Someone misleading the testator about their estate or beneficiaries
Forensic handwriting experts and document analysis may be used to examine the authenticity of a disputed will.
Improper Execution
UK law requires wills to be executed in strict compliance with the Wills Act 1837.
A valid will must:
- Be in writing
- Be signed by the testator
- Be witnessed by two independent individuals present at the same time
If a will fails to meet these legal requirements, for example, if it is signed without proper witnessing, it may be deemed invalid.
Suspicious Circumstances
Even if a will appears valid, courts may examine whether it was made under suspicious circumstances.
This often applies when:
- The testator was vulnerable or frail when they signed the will
- The will heavily favours one individual over others without clear reasoning
- The testator changed their will suddenly before passing away
What Happens If a Will Is Declared Invalid?
If a court rules a will invalid, the estate is distributed based on a previous valid will if one exists or the rules of intestacy if no prior valid will is in place.
This could result in beneficiaries receiving a different inheritance than originally intended.
Conclusion: What Makes a Will Invalid and When to Seek Advice
Contesting a will is never straightforward. It requires clear legal grounds and strong supporting evidence, whether the concern relates to mental capacity, coercion, fraud, or errors in how the will was signed. While individuals are free to set out their wishes in a will, the law provides important safeguards to ensure those wishes are genuine and legally valid.
If you’re unsure about the validity of a will—or want to ensure that your own will is properly drafted—it’s important to get expert advice early on.
At Bennett Griffin, our experienced team is here to help.
Whether you’re challenging a will or planning your estate, we offer practical guidance tailored to your circumstances.
Explore our Will Writing services to ensure your affairs are in order with confidence.