If you have an inability to make a will, it could be invalidated. Our free review will give you the answers.

The mental inability to make a will may deem it invalidated in a court of law, should your relatives contest it. Having a will clarifies how your property and possessions will be dispersed after your passing. It’s an essential step in making sure your desires are carried out and your loved ones are taken care of. But do you know if your will is valid?

Inability to make a will

A person needs to be mentally capable of doing so. They must be able to comprehend both the nature and implications of the instrument they are signing as well as the scope of the property they are giving up. The validity of a will may be questioned if the maker was not mentally competent when they signed it. There are several reasons why a person may have the inability to make a will.

Some common examples include:

Lack of capacity: A person must have sufficient mental capacity to make a valid will. This means they must understand the nature and effect of making a will, the extent of their property and assets, and the people who might reasonably be expected to benefit from their estate. If a person lacks capacity, they may not be able to make a will.

Marriage, civil partnership or divorce: The act of marriage, civil partnership or divorce can affect the validity of a will. For example, if a person gets married or enters into a civil partnership, their existing will may be automatically revoked unless it was made in contemplation of the marriage or partnership. Similarly, a divorce can invalidate provisions in a will that relate to the ex-spouse.

Legal incapacity: Some people may have a legal incapacity to make a will. For example, if a person is under 18 years old, they are not legally able to make a will.

If a person is unable to make a will, their estate will be distributed according to the rules of intestacy. These rules set out a strict order of priority for who inherits the deceased’s estate, based on their relationship to the deceased. If the deceased has no surviving relatives, their estate will pass to the Crown (known as bona vacantia).

If you are unsure whether a person is able to make a will or whether a will is valid, it is important to seek legal advice as soon as possible. A solicitor with experience in wills and probate can help you to understand the legal issues involved and advise you on the best course of action.

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.