Common Mistakes That Can Make Your Will Invalid – And How to Avoid Them

Making a Will is a crucial step in safeguarding your future wishes, but it’s not just about deciding who inherits what. For a Will to be legally valid and enforceable, it must be made correctly – and with a full understanding of the legal requirements involved.

At Franklins Solicitors, we often advise clients who are unaware of the potential pitfalls when it comes to writing and signing a Will. Issues around capacity, execution and DIY or online solutions can lead to serious complications – or even render a Will invalid.

Mental capacity: a vital foundation

For a Will to be valid, the person making it (the testator) must have the mental capacity to do so. This is known as “testamentary capacity” and is a legal requirement under UK law.

The testator must:

• Understand they are making a Will and what that means
• Know the extent of their estate (what they own)
• Understand who they are choosing to benefit and why
• Not be suffering from any mental disorder that influences their decisions

As we are all living longer, cases involving capacity are becoming more common. Conditions such as dementia or mental health disorders don’t necessarily prevent someone from making a Will, but they do require extra care and often, medical evidence to confirm capacity at the time of signing.

If there is any doubt, it is essential to seek professional legal advice early to avoid disputes later.

The risks of handwritten and DIY Wills

While it is legally possible to write your own Will by hand, we strongly advise against it. Homemade Wills, including handwritten or downloaded templates, are more prone to errors in language, format, and execution.

These documents are often:

• Invalid due to incorrect witnessing
• Vague or contradictory in wording
• Incomplete in dealing with all assets
• Unclear about executors, guardians, or tax implications

A Will may seem straightforward on the surface, but the law surrounding estates, tax, and inheritance is anything but. One missing clause or a poorly chosen word can lead to disputes, delays, or your wishes not being carried out at all.

The truth about online wills

Online Will-writing services are widely advertised, but they often offer a one-size-fits-all approach that lacks the rigour and personalisation of professional advice. They typically do not account for complex family situations, blended families, business ownership, overseas assets, or vulnerable beneficiaries.

Even for seemingly simple estates, we regularly see clients needing to “fix” or challenge Wills made  using online platforms – often at much greater cost than having done it properly in the first place.

Peace of mind through proper planning

A valid Will is not just a piece of paper – it’s a legally binding document and arguably one of the most important documents you will make. Getting it wrong can have life-changing consequences for those you leave behind.

At Franklins, we work closely with our clients to ensure that every Will is:

• Valid and properly executed
• Clear and tailored to their unique circumstances
• Backed by appropriate capacity assessments where needed
• Reviewed regularly as life evolves

Whether you’re writing your first Will or updating an existing one, our experienced Private Client team is here to support you every step of the way.