Validating a will the process you’ll need to use to check that your will is legally valid.
For a will to be valid:
- It must be signed by you and witnessed by two people.
- You must have the mental capacity to make your will and fully understand the implications it has.
- You must have made the will of your own volition, without any pressure from anyone to do so.
The beginning of your will should state that it revokes all others and if you’ve made any previous wills you should destroy them.
Signing and witnessing your will
You must sign your will in the presence of two independent witnesses. These witnesses also need to sign your will at the same time that you do. All three people (you and the two witnesses) need to be in the same room at the same time, while all three sign the will. If your will isn’t signed in this manner, it isn’t valid.
Beneficiaries of your will, their spouses or civil partners shouldn’t act as witnesses. If they do, they loose their right to inheritance. Beneficiaries shouldn’t be present when the will is signed. It’s best not to use your executor as a witness.
Due to the coronavirus pandemic, different approaches to wintesses being physically present when your will is signed are now legally acceptable. You are now legally allowed to witness the signing of a will:
- Outdoors from a small distance.
- Over a video call (the UK government’s advice covering this can be found here).
- Through an open door or window of a house or vehicle.
- From a corridor or adjacent room into a room with the door open.
Making a will if you have illness or dementia
If you can’t sign your will it can be signed on your behalf as long as you are in the room and it’s signed in your direction.
If you have a serious illness or a diagnoses of dementia, you can still make a will, but you need to have mental capacity to ensure that your will is valid. Your solicitor should make sure of this and you may also need a medical practitioner’s statement, at the time the will is signed, certifying you understand what you’re signing.
You’ll need to take all of what’s mentioned above in to account when validating your will. Validating a will is an essential part of ensuring that your will can be executed as you wish.