What Makes a Will Invalid in England & Wales?

It’s been widely reported that Priscilla Presley is disputing the validity of her late daughter’s Will, claiming that a 2016 amendment to Lisa Marie’s Will should be overturned. However, according to the papers filed in Los Angeles superior court, there are several issues surrounding the authenticity of this amendment, including a lack of witnesses, misspelling of names and an atypical signature.

So, what makes a Will invalid in England & Wales?

Several things can invalidate a Will, including making a simple mistake in witnessing or signing a Will. Or it could be a question about whether the person making the Will had the capacity to make it.

Whatever the situation, if your Will is found to be invalid after your death, it can impact your beneficiaries, take time and cost money to sort.

The most common reasons to challenge a Will on the grounds of validity arise when:

• The Will hasn’t been signed or executed properly
• The Will appears to be fraudulent
• The Will hasn’t been updated following a marriage
• The Will doesn’t include all your assets
• The Will has been poorly drafted, and your wishes are unclear
• The current Will has been intentionally destroyed
• The deceased person (known as the testator) lacked the mental capacity to make a Will
• The deceased person was manipulated or subject to undue influence
• The Will was drafted negligently

Importance of Executing the Will Correctly

For a Will to be legally valid and enforceable in England and Wales, it must comply with the requirements set out in section 9 of the Wills Act 1937.

One of the most common mistakes is failing to get the Will witnessed correctly by two independent adults simultaneously (neither of whom can be a beneficiary). Other errors include misspelt names, missing addresses and failure to sign the document correctly. This may seem straightforward, but falling short here invariably causes significant delay, expense and serious family disagreement.

Testamentary Capacity

For lawyers, one of the most important parts of drawing up a Will is assessing a client’s fitness to make their Will, known as their ‘testamentary capacity. At the time you make your Will, you must understand the following:

• What a Will is
• How much your estate is worth
• Who your beneficiaries are, and why you are leaving something to them in your Will
• Who your dependents are and what it means to include or exclude them in your Will

If it’s clear that you lacked testamentary capacity when you made your Will, the Will is invalid.

Undue Influence

This term applies when someone has been forced or coerced by a person into making or changing their Will. For example, undue influence includes physical or verbal bullying or simply cajoling someone into changing their wishes for a ‘quiet life’.

Our Advice

Without a doubt, this is a deeply upsetting time for Lisa Marie’s family. However, whilst her mother’s lawsuit is subject to US law, the claims made raise lessons for anyone in the UK thinking about putting their affairs in order.

Our specialist team has many years of experience advising our clients about Wills and Trusts. Please contact us if you have any concerns about making or challenging a Will or specifically about the validity of a relative’s Will. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations