Setting up a will is crucial to ensure your property is distributed according to your wishes after your passing. Without a valid will, your family members may need to make an application to the Court in order to be able to deal with your estate and distribute your assets. The Wills Act 2007 sets out the requirements that a will must meet in order to be valid.
In order to be valid, a will must be in writing, signed by the will-maker, and witnessed correctly by two witnesses. Failure to meet these requirements renders the will invalid. In the case of invalid wills, an application can be made to the High Court to seek that a document is declared a valid will. The application must be served on all affected parties, including those people whose gifts from the estate may change if the application is granted.
To declare a document a valid will, the Court must be satisfied that the document appears to be a will, does not comply with the validity requirements, and expresses the deceased’s testamentary intentions. This means that the document must reflect the deceased person’s wishes for the disposition of their property.
Examples of documents that the Court has declared valid wills include draft wills, instructions to lawyers, handwritten notes, a digital document on a computer, and transcripts of audio recordings.
While it is possible to make an application to the High Court to declare a will valid, it can be a costly and time-consuming process. To avoid the need to make such an application, it is important to seek legal advice to ensure your will meets the requirements of the Wills Act 2007. If you require assistance drafting a will or would like more information about making an application to validate a will, please contact the experienced legal team at Harmans.
