Is My Loved One’s Will valid?

In order for a Will to be valid, the person writing it must be mentally sound and must fully understand what they are writing. It is very important that the person making the Will was not forced by someone else to include something in the Will. The Will must also be signed and witnessed in accordance with the law, laid down by the Wills Act 1837.

If a Will is not made under these conditions, it may be considered invalid. This means the person making the Will may die intestate – without a valid Will – or an earlier Will may be revived. Either way their wishes may not be considered.

Is the Will valid?

If you are concerned that your loved one’s Will is not valid, we can check the Will and confirm this. You may have reason for concern if:

  • The person making the Will was not mentally sound. This could be because he or she was medicated, intoxicated, or because he or she was not well at the time
  • You believe the person making the Will was forced, threatened or manipulated into including or changing something he or she did not want to
  • The Will was not witnessed or signed properly. Every Will needs two impartial witnesses; in other words, the witnesses must not stand to benefit from the Will and they cannot be married to anyone who stands to benefit
  • There is an error in the Will. Many Do-It-Yourself, made at home Wills contain errors that render them invalid. To be sure a Will is valid, always have a solicitor complete the Will.

If you suspect a Will is not valid, let Burt Brill & Cardens Brighton solicitors check it today to ensure your loved one’s wishes are carried out.

For more information, call us on 01273 604123 or email enquire@bbc-law.co.uk

Alternatively view or download our free complete guide to creating a will, or find out more making a will advice

 

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