Validity of a Will - FAQs

What is required for my Will to be legally valid?

For a Will to be valid in the UK, you must:

  • Be 18 or over
  • Make it voluntarily
  • Be of sound mind
  • Make it in writing (either handwritten, typed or printed)
  • Sign it in the presence of 2 witnesses who are both over 18
  • Have it signed by your 2 witnesses, in your presence
What events will make my Will invalid?

There are events that happen in life that make a previously valid Will invalid. They include:

  • getting married
  • getting divorced

Should either of these events happen, you need to make a new Will.

Can my Will be contested?

Yes. People who have been left out of a Will, or feel that they should have received a larger share of the estate may bring a claim against the estate, if they can establish that they are an eligible person.

People who are eligible persons include spouses, de facto spouses, former spouses, children, stepchildren, grandchildren and other people who were members of the Will makers household and dependant or partially dependant on the Will maker (e.g. live-in housekeepers and carers).