One of the most important aspects of making a Will is ensuring it is properly executed. Even where a Will clearly reflects a person’s wishes, a seemingly minor mistake can have devastating consequences for the intended beneficiaries.
In a recent estate administration matter, a deceased individual had taken the time to prepare a Will setting out exactly how he wished his estate to be distributed. He had chosen to leave his estate to certain siblings and to his foster son, whom he regarded as family and wished to benefit from his estate. Importantly, the Will also expressly excluded two siblings from receiving any inheritance.
However, when the executors came to apply for the Grant of Probate, a serious issue was identified. Upon review of the Will, it became apparent that only one witness had signed the document.
Under the law in England and Wales, for a Will to be valid it must generally be signed by the testator in the presence of two independent witnesses, who must also sign the Will. Because only one witness had signed, the Will failed to meet the legal requirements for a valid Will.
As a result, the Will was deemed invalid and could not be admitted to probate.
What Happens When a Will Is Invalid?
When there is no valid Will, the estate is distributed according to the Rules of Intestacy.
The Rules of Intestacy set out a strict order of who is entitled to inherit and do not take into account personal wishes, family dynamics, or relationships that fall outside the legal framework.
In this case, the consequences were significant.
The foster son, who had been specifically included in the Will and whom the deceased intended to benefit, was not entitled to inherit under the Intestacy Rules. Foster children do not automatically inherit from a foster parent’s estate under the intestacy provisions.
At the same time, two siblings who had been expressly excluded from the Will became entitled to inherit because, under the Rules of Intestacy, they fell within the class of relatives eligible to receive a share of the estate.
In effect, the deceased’s carefully considered wishes were completely overturned, not because of a dispute over his intentions, but because the Will had not been executed correctly.
A Crucial Reminder
This case serves as a powerful reminder that preparing a Will is only part of the process. Ensuring that it is properly executed is equally important.
A Will can clearly state a person’s wishes, but if the legal formalities are not followed, those wishes may never take effect.
The consequences can include:
- Intended beneficiaries receiving nothing.
- Estranged or excluded family members inheriting instead.
- Increased legal costs and delays.
- Additional stress and uncertainty for executors and family members.
The Importance of Professional Advice
Whether a Will is drafted by a solicitor or prepared independently, it is essential to ensure that all legal requirements relating to signing and witnessing are met.
A simple oversight—such as having only one witness sign the document—can ultimately determine who inherits an estate worth thousands or even millions of pounds.
The lesson is clear: a Will is only as effective as its execution. Taking the time to ensure the document is validly signed and witnessed can prevent unintended consequences and ensure that a person’s final wishes are respected.