How To Claim If A Will Is Signed Incorrectly

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.

A Clear Guide on Contesting Validity

If you’re concerned over the signature on the will of a loved one, here’s how to claim if a will is signed incorrectly. The law sets strict requirements for signing a will, and following them ensures a loved one’s final wishes are upheld.. However, even minor errors in the signing or witnessing process can have serious consequences.

You can challenge a will’s legal validity if you believe someone signed it incorrectly. Key criteria require witnesses to be present when signing the will, and the testator must sign voluntarily.

Challenging a will’s validity falls under contentious probate law and we work with highly experienced lawyers who can help as cases can be complex.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Legal Requirements for Signing a Will

Before examining what goes wrong, here are the formal requirements for a will in England & Wales (similar principles apply in Scotland and Northern Ireland, though some variations exist):

• The testator (person making the will) must be at least 18 years old (except some exceptions for military personnel) and of sound mind.
• The will must be in writing, whether typed or handwritten.
• The testator must sign or acknowledge their signature in the presence of two independent witnesses.
• The two witnesses must then attest (i.e. sign) the will in the testator’s presence.
• Witnesses must be over 18, independent, and not beneficiaries (or spouses/civil partners of beneficiaries).
• The testator must have intended the signature to give effect to the will, and the act of signing must be voluntary (i.e. free from undue pressure).

The court may deem the will invalid on grounds of “lack of due execution” if someone breaches any of these rules.

If you want to understand the witnessing rules in detail, see our guide on how to witness a will correctly.

Common Mistakes in Signing a Will

Errors in execution may come in many forms. Here are some frequent pitfalls:

• Failure to sign in presence of the witnesses: If the testator signs separately or acknowledges an earlier signature rather than signing afresh before the witnesses, the formal link is broken.
• Witnesses not present together: The witnesses must view the act of signing (or acknowledgement) and sign in the presence of the testator. The formal requirement is not met if a witness signs later or in a different location
• Witness is a beneficiary: If a witness (or their spouse) is named as a beneficiary, that person’s gift may be void (i.e. they lose their inheritance under that will).
• Electronic signing / e-signature: A will signed electronically (e.g. via digital signature) is not valid under current rules.
• Amendments without re-signing: Scribbling changes, crossing out sections, or adding text without following the proper process (i.e. a codicil or full re-execution) can invalidate those changes.
• Mental capacity or coercion issues: If the testator lacked understanding or was under pressure, the validity may be challenged.

Such defects may appear trivial, but courts take formalities seriously. Even small procedural mistakes can derail a will’s validity.

How to Claim If a Will Is Signed Incorrectly

You can challenge a will’s validity in court if you believe it was signed incorrectly. This process is called a will contest or contentious probate claim. You can bring the claim in the High Court after the court grants probate. Alternatively, you can enter a caveat with the Probate Registry to pause the grant of probate while investigators review the dispute.

To start a claim, you should:

1. Seek legal advice quickly – Time limits may apply, and a solicitor specialising in contentious probate can assess whether the will has been executed improperly.
2. Gather evidence – This may include statements from witnesses present at the signing, handwriting experts if the signature is disputed, or medical records if mental capacity is in question.
3. File a caveat – A caveat prevents probate from being granted for six months (renewable), giving you time to prepare your case.
4. Issue a claim – If necessary, your solicitor can lodge a claim with the court seeking to have the will declared invalid.

If successful, the will is set aside. The estate may then be distributed under a previous valid will, Or according to the intestacy rules if no such will exists.

Contesting a will can be stressful and costly, so courts encourage early settlement and mediation. However, if you have strong evidence of incorrect signing, making a claim ensures the estate is distributed fairly and lawfully. Your solicitor will be able to advise you on how to proceed.

What Happens When a Will Is Found Invalid?

Should a court determines that a will has not been properly signed or witnessed, several outcomes can follow:

1. Earlier valid will prevails

The court may admit an older valid will to probate in place of the more recent flawed one.

2. Intestacy rules apply (if no valid will exists)

Where no valid will exists, the laws of intestacy distribute the loved one’s estate as though no will had ever been made.. Unintended heirs (or close relatives) may receive assets, while the people you intended to benefit may lose out entirely..

3. Disqualification of gifts / partial invalidity

A court might sever particular invalid provisions (e.g. signing was defective) while allowing the rest of the will to stand. The court decides this by assessing whether those clauses stand on their own or can be severed without defeating the testator’s overall intention.

4. Rectification (court correction)

Sometimes courts may correct (i.e. rectify) a will to reflect what the testator intended. This may happen if there is convincing evidence of a clerical error or drafting failure. This remedy is, however, exceptional and requires a high standard of proof.

5. Negligence or professional liability claims

A claimant may bring a negligence claim if a solicitor or will-writing service drafts or executes a will incorrectly. The courts may award damages to rectify losses suffered by disappointed beneficiaries.

How to Prevent a Will from Being Signed Incorrectly

Avoiding invalidation is far better than trying to fix a will later. Here’s a quick checklist to follow:

1. Use a qualified solicitor or regulated will-writing service.
2. Ensure all signatories – testator + two witnesses – are physically present together at the time of signing.
3. Witnesses should be independent adults, not beneficiaries, spouses/civil partners of beneficiaries.
4. Sign in ink, with clear names, addresses, and occupations printed by the witnesses.
5. Avoid handwritten amendments on the day – instead, draft a new will or properly execute a codicil.
6. Confirm testamentary capacity (capability to understand) and absence of coercion (some solicitors may document this).
7. Store the original will in a secure location and let your executors know where it is kept.
8. Regularly review and update your will when life changes (marriage, children, divorce, moving, significant assets).

If you spot a mistaken execution while still alive, you can correct it by making a new will or valid codicil..

Key Takeaways

• The testator must sign the will in the presence of two independent witnesses. They must also sign in the testator’s presence; otherwise, the court may declare the will invalid.
• Common errors (e.g. wrong witnesses, signing apart, beneficiary witnessing) can lead to full invalidation or partial voiding.
• If invalid, an earlier valid may prevail, or the estate may fall into intestacy, potentially causing unintended outcomes.
• In rare cases, courts can rectify or interpret a flawed will, but the bar is high.
• To avoid problems, always follow formalities, use qualified help, and safeguard your will’s execution.

Need Help Today

Challenging a will can be difficult, especially at an emotional time. But seeking specialist advice early is important and our managing director, Michael Jefferies  has ensured we partner with probate experts who can help you through the process.

Contact us today at 0333 358 3034 or complete our online contact form to arrange an initial, no-obligation telephone consultation. Our panel firms will assess your claim and explain your options clearly,