How to tell if a will is valid

We recommend following this simple checklist before proceeding.

The following are vital:

1. The will must be in writing. Typed or handwritten is fine. A “will” made on tape or person to person is not a will.
2. The person who made the will (the “testator”) must have been over 18 (unless a member of the armed forces, in which case special rules apply).
3. The testator must have had the required level of mental capacity, including an understanding of the purpose of the will, the extent of his or her estate and the extent of his or her family. 
4. The testator must have been acting under their own volition and not been put under any undue influence. 
5. The will must have been signed by the testator in the presence of two witnesses, neither of whom was the testator’s spouse or civil partner, and both of whom were of sound mind.
6. The will must then have been signed by the witnesses in the presence of the testator.
7. If the will was made before the testator married or entered into a civil partnership, it will have become void on the date of the marriage or civil partnership unless there is wording to say it was made “in expectation”.

The following may not invalidate a will, but could cause big problems:

1. The will should be dated.
2. It should show the full name of the deceased (but it does not matter if the deceased changed their name after making the will).
3. It should show appropriate wording to say that it was signed in the presence of two witnesses, who signed in the presence of the testator (the “attestation clause”).
4. There should be no gifts in the will to either of the witnesses. Any such gifts will be void, though the will remains valid.

Badly worded wills

Finally, the will could be badly worded, which may mean that gifts or other parts of the will are difficult to interpret, or that part of the estate is not accounted for. Such problems may not invalidate the will, but they could mean that the deceased died “partially intestate” (see our guide “Can a will be partially invalid?”).

Badly worded wills are relatively common amongst home-made wills, but even professionally-drafted wills can be badly worded.

There are many ways in which a will can be badly worded. Two basic examples are:

1. a gift of "most of my estate" (how much is "most"?); and
2. a gift "to my friends" (who were the deceased's friends?).

Difficulties in interpretation can result in disputes between beneficiaries.
If the interpretation of the will is unclear, we recommend seeking advice from a probate solicitor or other probate professional.