Can inadequate execution invalidate your will? Our free review will give you the answers.
What is inadequate execution? In short, what could be considered a small oversight could see your will, totally and utterly invalidated. In order for a will to be enforceable, it must be properly executed. For instance, two witnesses must be present when the testator signs the will, and they must attest to the testator’s signature on the document. If these requirements are not met, the will may be declared invalid.
Inadequate execution refers to situations where a will is not executed in accordance with the formalities required by law for the will to be considered valid. In the UK, the formalities for executing a valid will are set out in the Wills Act 1837. It pays to get the correct advice rather than go for an off the shelf easy solution.
The formalities required for executing a valid will are as follows:
The will must be in writing. Oral wills are not valid in the UK.
The testator (the person making the will) must sign the will or acknowledge their signature in the presence of two witnesses.
The two witnesses must also sign the will or acknowledge their signature in the presence of the testator.
The witnesses must be present at the same time as the testator when the will is signed or acknowledged.
The witnesses must be over 18 years old, and not blind or mentally incapable of witnessing the signing.
Creating a will is an important step in planning for the future. It allows you to choose how your assets will be distributed, can help to avoid family disputes, reduce estate taxes, name a guardian for your children, and provide peace of mind. But all these benefits will be for nothing if the will has been invalidated.
Click here for a FREE will review to give yourself and your family everlasting peace of mind.
Our firm is authorised and regulated by the Solicitors’ Regulation Authority www.sra.org.uk – ID number 44368. Members of the Solicitors Family Law Association – Law Society personal injury panel Civil mediators