A person executing their will is known as the testator.

In order for a will to be deemed valid, it must comply with the following:
  • The will needs to be in writing, signed by the testator, and witnessed by two independent people;
  • The testator must have the testamentary capacity to make the will and understand the effect of the will; and
  • The testator must have executed the will voluntarily and free from any undue influence from anybody else.
If any of the above examples have not been complied with, it is possible that the testator’s will may be held to be invalid.

There are other examples which may raise suspicion as to whether the will is valid. These include:

  • If it is suspected that fraud or forgery has occurred;
  • The will has not being executed or witnessed properly;
  • A later will has been produced meaning that any earlier will of the testator has now been revoked;
  • The testator’s will cannot be found and there are reasons to suspect that the testator had intentionally destroyed their will; or
  • The testator was suffering from a mental illness which may have ‘poisoned’ their mind against a family member, resulting in them being excluded from the will.
If you would like assistance with a claim regarding the validity of a will, please contact a member of our team.

T: 0203 633 6226
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0203 633 6226
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Culver Law, Cambridge
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Cambridge
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01223 653010

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