Lack of formalities

The formalities or formal requirements for a valid will are governed by a law which is approaching 200 years old. These requirements, subject to some very rare exceptions, are that a will:

1. Must be in writing
2. Must be signed by the testator (the person making the will) or by someone in their presence and at their direction
3. Must be signed or acknowledged by the testator in the presence of two witnesses who were present at the same time and who attested the will in the presence of the testator
4. Must give the appearance that the testator intended by their signature to give effect to the will

The law surrounding witnessing of wills was temporarily altered during and immediately following the pandemic, to allow for ‘remote witnessing’ of wills. Whilst these requirements may appear simple, we deal with a number of disputes where the formal requirements are in question.

Specialist wills solicitors

We advise and represent many clients who either have concerns that a will was not validly executed in accordance with the legal formalities, as well as defending claims from parties interested in finding that a will is invalid on those bases.

If you have concerns that a will has not been validly executed or the formalities have not been complied with, we can carry out investigations into the circumstances surrounding the execution of the will, and if those investigations reveal or reinforce those concerns, we can assist in taking steps towards making a claim that the will is invalid for lack of due execution.