Last Updated on October 20, 2025 by tanya

How to Check if a Will Is Valid

 

Checklist on What To Do With an Invalid Will

If you’re unsure whether a loved one’s will is valid, here’s a guide on how to check if a Will is valid. There are specific legal requirements that must be met for a will to be recognised by law. For a will to be legally sound, it must meet criteria such as being signed and dated by the testator who was of sound mind and signed by two witnesses. Additionally, the witnesses cannot be beneficiaries.

However, if these requirements aren’t satisfied, the will can be challenged, and the estate may be distributed under the rules of intestacy. There may also be instances where a will has been forged or fraudulently changed or signed, or there is doubt over the mental capacity of the testator.

So, if you have concerns about a loved one’s will, you may want to get in touch with our team at First Personal Injury for advice on how to proceed next.

 

How to Check If a Will Is Valid

Whether you are a beneficiary, or concerned relative, when you are reviewing a will, you can use the following checklist to determine whether the will is legally valid.

Check for a Signature

Ensure that the will is signed by the testator at the end of the document. An unsigned will may not be enforceable.

Confirm Witness Details

The will must be signed by two independent witnesses who were present at the time the testator signed. Beneficiaries or their spouses should not act as witnesses.

Review the Date

A valid will should clearly state the date it was signed. If more than one will exists, the most recent valid version is typically used.

Assess Mental Capacity

Consider whether the testator had the mental capacity to understand what they were doing. If they had a serious medical condition, this may affect the will’s validity.

Look for Undue Influence

Was the will made under pressure or influenced by someone who stood to benefit significantly? If so, this could form grounds for a legal challenge.

as the Will Been Revoked?

Check whether the will has been torn up, marked “revoked,” or replaced by a more recent version. Marriage automatically revokes a will unless it was made in contemplation of marriage.

 

Common Reasons Wills Are Declared Invalid

A will may be ruled invalid by the Probate Court for several reasons, including:

 

• It was not properly signed or witnessed.
• The testator lacked mental capacity at the time of writing the will.
• The testator was coerced, manipulated, or pressured into changing their will.
• Fraud or forgery occurred.
• A beneficiary witnessed the will.
• A newer, valid will supersedes the one in question.
• The testator did not understand the contents of the will.

 

What Happens If a Will Is Invalid?

When a will has been deemed invalid, one of two outcomes may occur:

 

1. A Previous Will May Apply

Should there be an earlier valid will, that version will be used to distribute the estate.

1. The Estate Falls Under Intestacy

If there is no previous valid will, the estate is divided according to the rules of intestacy. This means only certain family members e.g. spouse, children, parents, siblings may inherit. Unmarried partners, friends, carers, and stepchildren will receive nothing unless legally adopted or financially dependent.

 

How to Challenge a Will That May Be Invalid

If you believe a will is not legally valid, you have the right to challenge it through a legal process. Here are the key steps involved:

 

1. Speak to a Probate Solicitor

Challenging a will is a complex area of law. A contentious probate solicitor can assess the strength of your case and guide you through the process.

2. Enter a Caveat

You can file a caveat at the Probate Registry to prevent the distribution of the estate while the dispute is investigated. This stops probate from being granted.

3. Gather Supporting Evidence

Evidence will depend on your claim, but could include:

• Medical records
• Previous wills
• Witness statements
• Solicitor correspondence
• Handwriting or signature analysis

4. Attempt Mediation

Before proceeding to court, many parties attempt mediation. This approach is less costly and often faster than litigation.

5. Go to Court

If mediation fails, you may issue a formal claim in court to challenge the will. This process can be lengthy and expensive, so it should only be used when other avenues are exhausted.

 

Time Limits for Contesting a Will

Time is a critical factor in challenging a will. The following time limits generally apply:

 

Type of Claim	Time Limit
Inheritance (Provision for Dependants) Act 1975	6 months from the grant of probate
Fraud, Forgery, or Undue Influence	No strict limit, but sooner is better
Rectification of a Will	6 months from the grant of probate

 

Always consult a solicitor as soon as you suspect a problem with a will.

 

Warning Signs a Will Might Be Invalid

Be alert to these signs that there may be something wrong with a will:

 

• Sudden changes in the will shortly before death
• A new will that cuts out close family without explanation
• A will written while the testator was seriously ill or in hospital
• The same person drafting and benefiting from the will
• Witnesses who cannot be contacted or are also beneficiaries

 

Need Help Challenging or Checking a Will?

A valid will must meet strict legal criteria. If even one element—such as improper witnessing or lack of capacity—is missing, the document can be declared invalid. This can lead to lengthy court battles, family rifts, and estate distribution that may not reflect the deceased’s wishes. Our specialist probate solicitors can review your case and advise on the next steps. Get in touch today for a confidential consultation.

Call First Personal Injury at 0333 3582345 or contact us online  and we can call you back at a time suitable for you. Our panel of law firms, who are highly experienced in probate, offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.