Invalid Wills Can Undo Your Final Wishes—Here's How to Stop It

Your will is your final message to the people you care about. It’s the ultimate instruction manual that ensures your assets are protected, your wishes are respected, and your loved ones are cared for. But what happens if that message is written in disappearing ink?

Unfortunately, a simple mistake can render a will invalid, meaning your final wishes could be ignored entirely. With disputes over wills on the rise in the UK, getting it right has never been more important.

Why Does an Invalid Will Matter?

If a court declares your will invalid, it’s as if it never existed. Your estate is then distributed according to a strict legal hierarchy. This means the law will either fall back on a previous will you made—which might be comically outdated—or apply the rules of intestacy.

Intestacy is the government's one-size-fits-all flowchart for dividing up an estate, and it almost certainly won’t match your wishes. This can lead to your partner receiving less than you intended, assets going to distant relatives you barely know, and bitter disputes among the people you tried to protect. It’s a recipe for confusion, cost, and conflict at the worst possible time.

The Common Pitfalls That Invalidate a Will

1. The All-Important Formalities

For a will to be legally binding in England and Wales, it must follow a strict set of rules. Think of it as a legal recipe: miss one ingredient, and the entire dish can be ruined. The will must be:

• In writing, created by a person over 18.
• Made voluntarily, without coercion or "undue influence".
• Made when the person has the mental capacity to do so (known as being of "sound mind").
• Signed by the will-maker (the "testator") in the presence of two witnesses.
• Signed by both witnesses in the presence of the testator.

A surprising number of DIY wills fail on the last two points. Incorrect witnessing is one of the easiest ways for a will to be challenged and dismissed.

2. Lack of Mental Capacity or Undue Influence

A will can be challenged if there's doubt the person who made it understood what they were doing, or if they were pressured into it. "Undue influence" isn't just gentle persuasion; it’s coercion so strong that the will reflects the wishes of the manipulator, not the testator.

3. Errors, Alterations, or Using a Copy Instead of the Original

Found a typo after your will was signed? Scribbling in a correction or stapling on a note can invalidate the entire document. The court needs assurance that the will is the final, definitive version, which is why only the original, unaltered document is typically accepted. A photocopy, no matter how clear, won't suffice.

How Can You Invalidate a Will Yourself?

Wills can also be voluntarily revoked (intentionally made invalid). This happens if:

• You create a new will, which automatically overrides any previous ones
• You physically destroy your old will (e.g. tearing or shredding it)
• You write a codicil that replaces or alters part of the original document

If you destroy a will without replacing it, you could die intestate—without a valid will—which means the government decides how your estate is divided.

Life Events That Can Affect Your Will

Certain life events don't automatically invalidate a will but they can change how it's interpreted. That's why regular updates are key.

Marriage

Marriage automatically cancels any existing will unless it specifically says it was made in contemplation of that marriage.

Divorce

After divorce, your ex-spouse is treated as if they've died. So they won't inherit. But if no back-up plan is included, parts of your will may fall under intestacy rules.

Moving House

A change of address doesn't invalidate your will. But keeping addresses up to date for executors, guardians, and beneficiaries can prevent confusion later on.

How Legacy Bridge Ensures Your Will Is Watertight

Navigating these pitfalls alone is a risk you don't need to take. At Legacy Bridge, we've designed our process to eliminate these common errors and give you complete peace of mind.

• Guided Process: Our step-by-step online service ensures every legal formality is met, including clear instructions for printing, signing, and witnessing.
• Expert Review: Every will is reviewed by our in-house experts to spot ambiguities or potential issues before they can become problems for your family.
• Easy Updates: Life changes. With our LifeFolio™ platform, you can easily update your will anytime to reflect a new marriage, child, or address, ensuring it never becomes outdated.

An invalid will protects no one. By understanding the common mistakes and using a service designed to prevent them, you are giving your loved ones the greatest gift of all: clarity.

Give your family the gift of clarity. Subscribe to LifeFolio™ and create your expert-reviewed will for just £60.

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This article is for informational purposes only and does not constitute legal advice.