Can an Imperfectly Signed Will Be Valid? Unpacking Improper Execution

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Generally, no. For a signed will to be legally valid in the UK, it must strictly comply with Section 9 of the Wills Act 1837. This means it must be in writing, signed by the testator (or someone in their presence and by their direction), and that signature must be acknowledged in the presence of two witnesses, both present at the same time, who then also sign or acknowledge their signatures in the testator’s presence. Any deviation from these precise requirements can render the Will entirely invalid.

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The Skeptic’s Easiest Win: A Technical Knockout

For “The Skeptic,” challenging a Will on grounds of improper execution is often the most straightforward path. Unlike the complexities of proving lack of capacity or undue influence, this isn’t about the testator’s state of mind or someone’s manipulative influence. It’s purely about procedure. If the physical act of signing and witnessing didn’t follow the letter of the law, the Will is, quite simply, void. As validity specialists, we always begin our audit here, looking for the “technical knockout” before delving into deeper issues.

Section 9 of The Wills Act 1837: The Unforgiving Statute

The cornerstone of Will validity in the UK remains Section 9 of the Wills Act 1837. Despite its age, its requirements are strictly enforced by the courts. To be valid, a Will must be:

  1. In writing, and signed by the testator (or by some other person in his presence and by his direction).
  2. It appears that the testator intended by his signature to give effect to the Will.
  3. The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time.
  4. Each witness either attests and signs the Will or acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness).

The slightest misstep in this sequence can be fatal to the document.

The “Line of Sight” Rule: Why the Witnesses Must “See”

One of the most frequently breached rules, especially with DIY Wills, is the “line of sight” requirement. The witnesses must be present at the same time, and they must either see the testator sign, or acknowledge their signature. It’s not enough for them to be in the next room, or even just outside an open door. The testator must be able to see, or be capable of seeing, the witnesses sign. This is why a signature completed in the kitchen while the witnesses are in the living room is a fatal flaw. In 2026, with many Wills still having been signed hastily during the recent past, this remains a significant vulnerability.

The “Omnibus” Witnessing: Two Witnesses, One Presence

The requirement that “two or more witnesses be present at the same time” while the testator signs (or acknowledges their signature) is non-negotiable. This prevents a situation where a testator signs the Will in front of one person, and then later shows it to another. Both witnesses must literally be looking at the testator, and the testator’s signature, at the same moment. If a Will was signed by the testator with Witness A present, and then a week later shown to Witness B who then signed, the Will is invalid. We forensically reconstruct the signing event to identify these “split” witnessing scenarios.

The Fatal Flaw of the “Beneficiary Witness”

Perhaps the most iron-clad rule in execution is found in Section 15 of the Wills Act 1837: if a beneficiary (or their spouse) acts as a witness to the Will, that beneficiary’s gift in the Will becomes void. The Will itself remains valid, but the gift to that witness (and their spouse) is lost. This is a common pitfall in informal Wills, where a family member who stands to inherit is asked to witness. As a Validity Specialist, discovering a beneficiary witness doesn’t always invalidate the entire Will, but it certainly “strips” part of it, often dramatically altering the distribution of the estate.

The Rise and Fall of Remote Witnessing: A Post-2020 Vulnerability

Between 2020 and 2022, temporary legislation allowed for Wills to be witnessed remotely via video link due to the pandemic. While a crucial measure at the time, these “video witnessed” Wills now present unique challenges in 2026. The legislation, which permitted this, has now lapsed. As Validity Specialists, we scrutinize such Wills for compliance with the specific conditions of that temporary period (e.g., clear line of sight via video, confirmation of presence). Any failure to meet those temporary conditions, or any remote witnessing outside that specific window, immediately renders the Will invalid by normal 1837 Act standards.

The Unsigned Attestation Clause: A Missing Formalism

While not explicitly required by the Wills Act, an “attestation clause” (a paragraph stating that the Will was duly signed and witnessed) is standard practice. If this clause is entirely missing, or if the witnesses fail to sign it, it does not automatically invalidate the Will. However, its absence creates a “presumption against due execution.” This forces the propounder of the Will (usually the executor) to provide positive evidence that Section 9 was indeed satisfied. For “The Skeptic,” this is a powerful evidentiary tool, as it shifts the burden of proof, making the executor’s task much harder.

Locating the “Invisible Witnesses”: The Solicitor’s Attendance Notes

When we suspect improper execution, our first port of call is the drafting solicitor’s attendance notes. These records should detail the precise circumstances of the Will’s signing. We look for:

  • Confirmation that both witnesses were present at the same time.
  • Their names and addresses.
  • A clear statement that they witnessed the testator’s signature and then signed themselves in the testator’s presence.
  • Any unusual circumstances or queries raised by the solicitor regarding the signing process.

Missing or vague entries here are red flags, indicating a potential procedural lapse that can be exploited in a challenge.

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

Check our complete guide on Lack of Capacity here.

FAQs

Q1. What if the testator signed but the witnesses forgot to?

If the witnesses genuinely forgot to sign, the Will is invalid under Section 9 of the Wills Act 1837. The Act is strict: the witnesses must sign or acknowledge their signatures in the testator’s presence. There is no leeway for forgetfulness or oversight. The only possible (and very rare) exception might be if the court could apply the doctrine of rectification, but this is for clerical errors, not missing essential steps.

Q2: Does it matter if a witness is a minor (under 18)?

While the Wills Act 1837 doesn’t explicitly state a minimum age for witnesses, it’s highly advisable for witnesses to be over 18. A minor’s testimony could be challenged on grounds of competence or understanding, especially if the Will is later disputed. While not automatically invalidating the Will, it creates an unnecessary vulnerability that a Validity Specialist would exploit.

Q3: Can a Will be valid if it’s not dated?

A Will does not have to be dated to be valid, provided it meets all the other requirements of Section 9 of the Wills Act 1837. However, an undated Will can cause significant problems if there are multiple Wills and it’s unclear which is the “last Will.” This often necessitates a court application to determine the correct chronological order, adding cost and delay to the probate process. It’s always best practice to date a Will.

Procedure Trumps Intent

In the realm of Will validity, good intentions are simply not enough. The law demands precise adherence to the rules of execution. For “The Skeptic,” investigating improper execution offers a direct route to setting aside a Will, allowing the estate to be distributed according to earlier valid Wills or the rules of intestacy. As a Validity Specialist, our role is to expose these technical flaws, ensuring that only truly valid documents govern the transfer of wealth.

Before you assume a Will is valid, ensure its foundations are solid. Download ‘The Capacity Evidence Checklist‘ to see if you have a case (and spot any execution flaws along the way).

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Frequently asked questions.

Disputes over wills can arise in several circumstances, including:

  • Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.

 

  • Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.

 

  • Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.

 

  • Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.

 

Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.

As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.

Here are some examples of how these disputes can arise:

  • A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
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A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.

 

  • A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.

 

  • A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.

If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.



Types of Trusts

Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include:
Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.

Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.

Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.

Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.

Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.

Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.

Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside.
Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you.
Here are some examples of how different types of trusts can be used:
A bare trust can be used to hold assets for a minor child until they reach the age of majority.

An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.

A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.

An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.

A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.

A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.

A non-resident trust can be used to reduce estate taxes or to protect assets from creditors.
It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust

Inheritance trust disputes can be complex and varied, but some common scenarios include:

  • Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.

 

  • Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.

 

  • Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.

 

  • Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.

 

Here are some specific examples of inheritance trust disputes that have occurred in the UK:

  • In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.

 

  • In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.



  • In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.

 

Other possible disputes include:

  • A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.

 

  • The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.

 

  • The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.

 

  • A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.

If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.

  • The testator (the person who made the will) did not have the mental capacity to make a will.
  • The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
  • The testator was unduly influenced to make the will.
  • The will was forged or fraudulent.

 

Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about

  • The validity of the will.
  • The interpretation of the will.
  • The appointment or removal of executors.
  • The distribution of the estate assets.
  • The management of the estate.
  • In the UK, contentious probate is dealt with by the High Court.

 

The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.

Here is an example:

Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.

Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.

It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.

If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.

The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.

If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.

There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:

  • Why did you not make your claim on time?
  • The strength of your case.
  • Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
  • If the court grants you permission to make a late claim, you will need to file your claim within 28 days.

 

It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.

If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.

Here are some examples of when you might be able to make a late contentious probate claim:

  • You were not aware of the death of the deceased until after the six-month time limit had expired.
  • You were unable to make your claim on time because you were ill or incapacitated.
  • The executor has deliberately concealed information from you about the estate.
  • The executor has committed fraud in the administration of the estate.

 

The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.

The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.

If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.

Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.

If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.

Here are some of the benefits of resolving a will dispute out of court:

  • It is faster and cheaper than going to court.
  • It is less stressful for all involved.
  • It allows you to maintain relationships with other family members and beneficiaries.
  • You have more control over the outcome of the dispute.

 

There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including

  • Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
  • Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
  • Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.

 

If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.

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