An invalid will is treated as if it doesn't exist. Your estate passes under intestacy rules instead of according to your wishes. Common reasons for invalidity include witnessing errors, lack of capacity, and undue influence.
The Legal Requirements for a Valid Will
For a will to be valid in England and Wales, it must:
- Be in writing
- Be signed by the testator (or someone in their presence and at their direction)
- The testator must intend the signature to give effect to the will
- Be witnessed by two people present at the same time
- Each witness must sign in the testator's presence
Failure to meet ANY of these requirements makes the will invalid.
Common Reasons Wills Are Invalid
1. Witnessing Errors
The most common cause of invalid wills. Mistakes include:
- Only one witness: You must have two
- Witnesses not present together: Both must see you sign
- Beneficiary as witness: The will is valid but they lose their gift
- Witnesses signing before testator: Must be after
- Witness under 18: Not legally valid
2. Lack of Mental Capacity
The person making the will must understand:
- They are making a will
- The effect of making a will
- The extent of their property
- Who might have claims on their estate
Dementia, severe mental illness, or medication effects can remove capacity.
3. Undue Influence
If someone coerced or pressured the testator into making the will, it can be declared invalid. This is more likely if:
- The testator was vulnerable
- One person isolated them from family
- The will dramatically favours someone unexpected
- The beneficiary was involved in arranging the will
4. Fraud or Forgery
A forged signature or a will obtained by deception is invalid.
5. Later Will or Codicil
A valid later will revokes earlier ones. If someone had multiple wills, only the most recent valid one applies.
6. Marriage
Getting married automatically revokes any existing will (unless it was made "in contemplation" of that specific marriage).
7. Physical Damage
If a will is torn, burned, or otherwise destroyed by the testator (or someone at their direction), it's revoked. Accidental damage may not invalidate it, but creates complications.
What Happens If Your Will Is Invalid?
Your estate is distributed according to intestacy rules:
- Spouse/civil partner gets priority
- Children share after spouse
- Unmarried partners get nothing
- If no close relatives, estate goes to the Crown
This may be completely different from what you wanted.
How to Ensure Your Will Is Valid
Use a Professional
Solicitors and regulated will writers know the requirements and ensure compliance.
Follow Witnessing Rules Carefully
- Have two adult witnesses present when you sign
- Sign in front of both simultaneously
- Have both witnesses sign immediately after
- Don't use beneficiaries or their spouses
Document Capacity
If there's any doubt about capacity, have a doctor assess you at the time the will is made.
Make Changes Properly
Never cross out or write on your will. Use a codicil or make a new will for changes.
Store It Safely
Keep your will safe from damage. Consider professional storage.
Frequently Asked Questions
Can a will be partially invalid?
Yes. For example, a gift to a witness is void, but the rest of the will can still be valid.
What if witnesses have died?
The will is still valid. Witnesses only need to be alive when signing.
Is a verbal will ever valid?
Only for military personnel on active service. For everyone else, it must be in writing.
Can a PDF or digital will be valid?
The will itself must be in writing and physically signed. You can't have a purely digital will with electronic signatures (yet - the law may change).