If your mum left a Will, you might be wondering whether it’s legally valid and wan't to know what to look out for to make sure everything’s in order. Understandably, you may have more questions if it appears homemade or to have been made without solicitors involved.

The good news is that there are some basics which you can check as a starting point.

Was the Will signed properly?

One of the most important requirements is that the Will must be signed by the person making it; your mum, in this case. She must have signed it herself, and she must have done so in front of two witnesses who saw her sign it and were both present at the same time. Thankfully, simply looking at the signature page of the Will should show the signatures and, also, details of the witnesses (in case you need to ask them any questions at all).

Were there two witnesses?

The law is very clear: a valid Will must be witnessed by two people and these witnesses must be adults.

If the Will was only witnessed by one person, then it will not be valid.

Other things to consider

Separately, if one of the witnesses is named in the Will as a person who will receive an inheritance under the Will, it doesn’t make the whole Will invalid, but that would cause different problems by invalidating the gift to that witness.

While signing and witnessing are the most common issues, there are other factors that can affect a Will’s validity. For example, your mum must have had mental capacity when she signed the Will. That means that she must not have been suffering from delusions and must have understood what she was doing, what the terms of the Will were, what she owned (in general) and who she wanted to benefit.

If there are concerns that she was confused, unwell, or under pressure at the time, it’s worth speaking to a solicitor. They can help you understand whether the Will is likely to be challenged and what further steps are needed as to evidence.

What if something seems wrong?

If you’re worried about the Will, maybe it doesn’t look right, or someone was heavily involved in its creation, you don’t have to stay silent. There are legal routes available, including the option to challenge a Will or make a claim under Inheritance (Provision for Family and Dependants) Act 1975 if you’ve been left out or treated unfairly. (For more information about these types of claims click here)

It’s perfectly normal to feel unsure when looking at a loved one’s Will. But by checking the signature and witnesses, you’re already taking the right steps. If anything looks questionable or you just want peace of mind, speak to a solicitor who specialises in Wills and probate.

You’re not alone, and Gosschalks is here to help. Contact us today to schedule a consultation with one of our experienced solicitors.

Key Contacts Ben Marsden - ACTAPS Allanah Hutchinson Ellen Boote