Question 1

What are the common reasons a will may be considered invalid?

Accepted Answer

Common reasons for a will being deemed invalid include lack of proper execution, absence of testamentary capacity, undue influence, or if the will was revoked by a later will or other means.

Question 2

How can I prove that a will is invalid?

Accepted Answer

To prove that a will is invalid, you will need to gather evidence such as witness statements, medical records, or any documentation that supports your claims regarding the lack of execution or capacity.

Question 3

What legal formalities must be followed when signing a will?

Accepted Answer

A will must be signed in the presence of two witnesses who are not beneficiaries, and it should be dated. Witnesses must also sign the will to confirm they saw the testator sign it.

Question 4

Is it necessary to hire a solicitor to contest a will?

Accepted Answer

While it is not strictly necessary, hiring a solicitor is highly advisable when contesting a will as they have the legal expertise to guide you through the process and improve your chances of success.

Question 5

What should I do if I suspect undue influence in the creation of a will?

Accepted Answer

If you suspect undue influence, gather any relevant evidence such as communications, witness accounts, or documented behaviours that indicate coercion, and consult with a solicitor who can advise you on the next steps.