Valid or invalid will: why it is important?

If appointed by a will, the people responsible for the probate process are called executors. An invalid will may mean that different people are responsible for the process.

An invalid will may also mean that estate is not distributed as the deceased intended, and could impact on probate in a variety of other ways.

As a result, before starting the probate process, it is vital to know if the deceased’s will is valid.

Fixing an invalid will

Once the person has question has died, it is very difficult to rectify a badly-drafted or improperly-executed will. Only a court has power to do so, and only in certain circumstances.

If the will is invalid, the estate should be administered as an intestate estate. The people responsible (the administrators) are determined by the rules of intestacy. See our guide “Intestacy – who are the personal representatives”.

Further down the line, it may be possible to execute a Deed of Variation to alter the way the estate is distributed.

Why might a will be invalid?

There are many ways in which a will may be invalid. See our guide, “How to tell if a will is valid”.