A Will is a legal document and its importance should never be underestimated! Obvious errors which make a Will defective include, the failure to appoint an executor, which means the Intestacy Rules apply to the estate of the deceased and only those who are entitled to apply under the laws of Intestacy can administer the estate

The presentation of a Will could invalidate it, where there are markings – paper clips attached or marks of paperclips – stapled in several places re-stapled and staple marks, witnesses signing in the wrong space and on several pages – pages not matching and incorrect numbering.   

A defective Will potentially triggers the Intestacy Rules which ultimately means that the destiny of your wishes in the Will is no longer controlled by you.

We have come up with 5 common mistakes based on our experiences at ABS Solicitors which may appear as minor technical errors, but are often significant enough to invalidate a Will and consequently lead to a lengthy and costly probate process!

1. Witnesses and testators signatures in the wrong places.

At the very least, a Will must  be signed by the testator (the person making the Will) along with two independent witnesses who must be present at the same time.  It is vital that the details and signatures of the testator and witnesses are put in the correct spaces.  Also remember that the signatures on the Will must match the signatures used on official documents such as a passport to avoid potential fraudulent claims. 

2. No Date

Although the absence of the date will not necessarily invalidate a Will, this kind of carelessness does not make a good impression if the Will and can cause confusion if there was an issue as to mental capacity and over validity of other wills.  It will easily raise suspicion as to the overall credibility of the Will.

3. Itemising assets

 Many people believe that it is necessary to list all of their assets in a Will however, by doing this, you are potentially creating a list which is the only assets referred to in the will that belong to the estate and if there is anything missed those assets will not form part of the will and will pass under the Intestacy Rules   

Although it may appear to be a good idea to list everything you own in the Will, if in the event you have left something out, it could be implied that you did not intend for that particular asset to become separated from your estate.  The best way to avoid this problem is to refer to all your items as ‘property’. In addition to the ordinary definition of property to mean a building, in law, the term property can refer to anything that someone owns i.e. a car or jewellery.  People usually think the property is the only asset to include in a will as that is what they think is their only asset however people do not realise and fail to mention –  a bank account shares and pensions or life policies which are all  assets

4. Pencil markings, scribbles and amendments

Most people understand the importance of getting what you want to say in a Will right! Therefore,  there may be several attempted drafts before being completely satisfied with your Will. However, despite how tempting it may be, crossing  words out and writing the revised words on top, or making notes on the edges of the appear often leads to confusion and uncertainty, suspicion over the intention of the person making the will and casts doubt as to whether the will has been tampered with not to mention the messy presentation!

5. Full Residential Address of persons named in the Will

When initially stating a named person on your Will i.e. executors/ trustees and witnesses, you must always remember to declare their full residential address to be able to trace them on death as people move and an address can help locate the beneficiary or the Executor and Trustee of the Will’.  Adding the address provides double security when it comes to the identity of a named person and locating them years later