One of the grounds for contesting a will is that it has not been validly executed in accordance with the formalities required under the Wills Act 1837. The Act provides that a will is invalid unless:
– It is in writing and signed by the will maker (known as a testator) or by some other person in their presence and by their direction. Therefore, if the testator is unable to sign the will themselves, for example due to disability, they can request someone to sign it on their behalf.
– It appears that the testator intended by his signature to give effect to the will.
– The will is signed in the presence of at least two witnesses.
– The witnesses sign the will themselves in the presence of the testator.
If any of these formalities have not complied with the will is not valid and has no legal effect.
That means the provisions of any earlier will take effect or if there is no earlier will, the intestacy rules apply.
There is a presumption of due execution which means that, if there is a challenge to the validity of a will on these grounds, a court will presume that the will is valid unless strong evidence to the contrary is produced by the person challenging the will.
