Contesting a Will: Failure to Observe Proper Formalities

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For a Will to be valid, it must pass certain formalities. For example, no Will shall be valid unless:

  • The maker is over the age of 18 and
  • It is in writing and signed by the maker, and
  • That the maker’s signature is made or acknowledged by the maker in the presence of two or more witnesses present at the same time; and
  • That each witness either signs the Will or acknowledges his signature in the presence of the Will maker

It is surprising just how many Wills fail this test, and this is usually a result of Wills being prepared and/or executed at home rather than at a solicitor’s office where proper guidance is available.
To go back to our page on Challenges to the Validity of Wills, click here.

For further information on contesting a Will and to find out how we can help you, please contact our Will and Trust Disputes Team on 01279 755777 or get in touch with Daniel Winter, Partner in our Will and Trust Disputes Team.

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