What Makes a Will Legally Valid?

A Will must meet specific legal requirements to be valid in England and Wales. If those requirements are not followed correctly, the Will may be challenged or may fail altogether.

A valid Will must be made voluntarily by someone who has the necessary mental capacity and understands the nature and effect of making a Will.

The Will must be in writing and signed by the person making it. That signature must normally be witnessed by two people who are both present at the same time.

The choice of witnesses also matters. A beneficiary, or the spouse or civil partner of a beneficiary, should not act as a witness because this can affect the gift made to that person under the Will.

Proper execution is only one part of making an effective Will. The wording also needs to be clear so that executors can understand how the estate should be administered and who should receive what.

At MJV Solicitors, we help clients prepare Wills that reflect their wishes and comply with the legal requirements for validity.

For more information about making or updating a Will, read our complete guide to Wills and Estate Planning.