Improper Execution Of Wills | Will Disputes | Irwin Mitchell

Wills That Are Not Signed Or Witnessed Correctly

A Will is an important legal document. There are certain rules that a Will must adhere to in order to be legally valid. It is crucial that Wills are signed and witnessed properly, If this isn’t done, it is likely to be invalid and could be challenged by anyone who is not happy with the content of the Will.

Our expert Wills disputes team will investigate the circumstances surrounding execution and obtain statements to  help you challenge the Will if it is invalid, or help you defend a claim if you are acting as an executor or beneficiary and someone else is contesting the Will.

Common Problems With The Signing Or Witnessing Of Wills

You may think that signing and witnessing a Will would be straightforward, but there are strict rules that must be met, including:

  • You and your witnesses must be in the same room for the whole process of signing and witnessing the Will
  • You must not leave anything in your Will to either of your witnesses or their spouses
  • Your witnesses cannot be blind
  • Your witnesses must be 18 or over
  • Both witnesses must see you sign the Will
  • You must see each witness sign the Will and they must see each other sign it

If any of these rules are not met, the Will won’t be valid and could be challenged.

We helped Keith Bartlett contest his father's Will after it wasn't witnessed properly. To find out more about the background to the case and how we secured him a fair share of the estate, please watch the video below.

Seeking Legal Advice For Will Disputes

Whether you are defending a claim or you are challenging a will yourself, getting the expertise of an experienced lawyer is essential. Our specialist team works exclusively on Will dispute cases, so we’ve helped thousands of clients in similar situations to yours.

We understand that this can be a difficult and stressful time, so we will work sensitively and professionally to help you reach a positive outcome. We’ll also try and keep your case out of court where possible by using mediators to negotiate a settlement. This can keep costs down and take less time than going through the courts.

We offer practical and simple advice and will help you through every stage of the claims process.

How To Fund Your Case

We provide a free initial discussion, with no obligation. If you decide to go ahead with a claim after that discussion, we can often offer a “no win no fee” agreement, so you won’t pay anything if your case is unsuccessful*.

We also offer a full range of other funding options including discounted fee agreements and  Legal Expense Insurance (which is often included with home insurance policies).

In certain cases we will arrange insurance cover for your case, which will protect you from paying the other party’s fees, and any of our costs in the event that you do not win.

Speak To A Member Of Our Team

To get more information about challenging a Will or defending a challenge, contact our experienced team. As a national law firm we have offices up and down the country, so we can help you wherever you are.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.