WILL PROBLEMS, IS THE WILL VALID?
Incorrectly executed wills
All Will’s must correctly executed and comply with the Wills Act 1837.
This provides that the will must be signed, dated and witnessed by two independent witnesses. On account of these rules cases often arise whereby the testator (the person making the will) hasn’t maybe signed the will in the presence of the witnesses, the signature does not appear to be genuine or the witness to the will is in fact a beneficiary. If a witness is also a beneficiary then the gift to that beneficiary fails. Any amendments to a will (often known as a Codicil) must be executed in exactly the same way as a will otherwise the amendment will have no effect and be invalid.
Common will problems
The growth in the number of DIY wills has inevitably seen a common number of problems arising in Wills.
For example, if there are any doubts as to the will being genuine it is always sensible to speak with the witnesses if they are still alive. We regularly see cases where the Will although signed by the Testator was not witnessed by both witnesses at the same time, meaning the will is invalid.