When Is A Will Considered Invalid?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How to Check if a Will is Valid

Creating a will is an important step in ensuring your assets got to the right people after you pass away, so prior to that, you should know when is a will considered invalid? You have to consider legal criteria, for example you must be 18 years or older, of sound mind and witnessed by two people who are not beneficiaries.

Essentially a will is the legal document outlining how a person’s estate should be distributed after their death. However, not all wills are legally binding with some being considered invalid. This means the instructions it contains will not be followed.

Therefore, if you’re dealing with the estate of a loved one and believe the will may be invalid, or even if you suspect a will has been changed, you may be considering bringing a contentious probate claim.

What Makes a Will Valid?

A will must meet specific legal criteria to be valid in England and Wales:

• The person making the will (testator) must be at least 18 years old.
• The will must be made voluntarily, without pressure or coercion.
• The testator must be of sound mind at the time of making the will.
• The will must be in writing.
• It must be signed by the testator.
• The signature must be witnessed by two people, who also sign the will.
• Witnesses must not be beneficiaries or married to beneficiaries.

Failing to meet any of these requirements can make the will invalid.

What Are the Red Flags a Will Might Be Invalid?

Some red flags may include: a drastic change in beneficiaries, the will being created without legal advice, family members being unexpectedly excluded, or the will being witnessed by someone who stands to gain.

There may also be suspicion around how or when the will was signed. If you notice any of these, it could be grounds for a legal challenge.

 6 Reasons a Will Is Considered Invalid

1. Lack of Mental Capacity (Testamentary Capacity)

The will can be challenged if the testator was suffering from dementia, Alzheimer’s, or another condition affecting their understanding, the will can be challenged.

2. Undue Influence or Coercion

If someone is pressured or manipulated into signing a will, especially by a caregiver, family member, or solicitor—the will can be overturned in court.

3. Fraud or Forgery

False witness signatures or fake amendments are when the will was forged, altered, or fraudulently signed and it is automatically invalid.

4. Improper Execution

If the will was  signed incorrectly or wasn’t properly witnessed, it doesn’t meet UK legal standards and will not be accepted in probate court. If the issue is a drafting mistake rather than invalidity, see our guide on fixing mistakes in a will.

5. Revocation

A will can be revoked intentionally (by creating a new will or physically destroying the old one) or automatically, such as through marriage, which cancels any previous will unless otherwise stated.

6. Lack of Knowledge or Approval

Even if the will appears valid, if the testator didn’t fully understand its contents (e.g., due to language barriers or legal jargon), it may be ruled invalid.

How to Check If a Will Is Valid

To verify a will’s legality:

• Ensure it has a valid date and signature
• Confirm there are two witness signatures
• Check for signs of tampering or pages being added
• Get legal advice if you’re unsure

You can also search the UK Probate Registry for registered wills if you’re not sure whether one exists or which is the latest version.

FAQs on What Happens if A Will is Invalid?

Question: What happens if a will is invalid?
Answer: If a will is invalid, the estate is either distributed according to a previous valid will or under the rules of intestacy. This means only legally recognised relatives inherit, and unmarried partners or stepchildren are excluded.

Question: Can a Previous Will Be Used Instead?

Answer: If the invalid will was supposed to replace an earlier one, the courts may fall back on the most recent previous valid will, if one exists. This can sometimes restore order if the older will was made properly and still reflects the person’s general wishes.

However, if there is no earlier valid will, then the rules of intestacy apply by default.

Question: How do I start a will challenge?

Answer: Begin by seeking legal advice from a contentious probate solicitor. A caveat can be filed at the Probate Registry to prevent the grant of probate while the matter is investigated.

Question: What is a caveat and how do I use it to challenge a will?

Answer: A caveat is a legal document that temporarily stops the probate process. It gives you time to prepare your claim before the estate is distributed.

What Do I Need to Challenge a Will?

A will can be contested in court, typically by those who stand to benefit from its invalidation. This tends to often family members or dependents who believe they were unfairly left out.

To contest a will, you’ll usually need:

• Legal standing (such as being a spouse, child, or dependent).
• Grounds for invalidity, such as those outlined above.
• Evidence to support the claim, like medical records, witness testimony, or handwriting analysis.

Legal action to challenge a will can be costly and time-consuming, so it is often seen as a last resort. Mediation is increasingly used to settle such disputes outside of court.

Contact Us For Help

An invalid will can cause emotional and financial distress at an already difficult time. If you suspect there is something not quite right with a loved one’s will, or if there are any red flags indicating it may be invalid, it’s always wise to seek legal advice. Wills can be complex so it’s advisable to speak to solicitors with experience in contentious probate.

So, if you’re dealing with a deceased relative’s estate and need some help, get in touch with us today on 0333 358 3034 or complete our online contact form and we can call you back at a time suitable for you.