Contesting a Will can be a complex and emotional process, particularly when doubts arise about whether the document reflects the true intentions of the deceased. But how do you know if a Will is legally valid or even genuine?

Recent case law, including Rea v Rea [2024] has brought the issue into sharper focus, reinforcing the importance of careful scrutiny in cases of suspected fraud, coercion, or forgery.

What Makes a Will Legally Valid?

Under the Wills Act 1837, a Will is considered legally valid in England and Wales if it meets the following criteria:

1. The testator was over 18 years old

2. The Will was made voluntarily and without pressure

3. The testator had the mental capacity to make the Will

4. The Will was signed by the testator

5. The signature was witnessed by two independent people, present at the same time

Failure to meet any of these requirements can render the Will invalid — but even when these boxes are ticked, disputes can still arise over authenticity.

When Might a Will Be Disputed?

Concerns about the validity of a Will typically arise in the following situations:

• The content of the Will is unexpected or inconsistent with previous wishes

• There are questions about the testator’s mental capacity at the time of signing

• There is suspicion of undue influence, particularly where vulnerable individuals were involved

• The signatures or witnesses appear irregular

• A party claims the Will is forged or fabricated

Case Spotlight: Rea v Rea [2024]

In this recent case, the High Court held that a disputed Will was not genuine. The deceased, an elderly woman, had reportedly made a new Will just months before her death, disinheriting three of her four children and leaving her estate solely to her daughter. The excluded siblings challenged the Will on the basis that their mother had not signed it.

Key findings included:

• The signature on the Will did not match verified samples

• The two witnesses had no clear recollection of signing

• There was no credible explanation for why the deceased would change her Will so dramatically

Ultimately, the court found the Will was not duly executed and not genuine. The estate reverted to an earlier, uncontested Will.

Red Flags: Signs a Will May Not Be Genuine

While each case is unique, some common warning signs include:

• A drastic change in beneficiaries, particularly near end of life

• The Will being signed in secret or without independent witnesses

• No legal professional involved in drafting or witnessing the document

• The document appearing physically altered or poorly drafted

• Unusual handwriting or spelling errors in the signature

What Should You Do If You Suspect a Problem?

If you believe a Will may not be genuine or legally valid, you should:

1. Seek immediate legal advice — time limits apply for challenging a Will

2. Request a copy of the Will from the executor or Probate Registry

3. Consider applying for a ‘caveat’ to prevent probate being granted until your concerns are resolved

4. Gather evidence, such as handwriting samples, witness statements, and previous Wills

5. Explore a formal Will challenge, potentially on grounds of lack of capacity, undue influence, or fraud

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How OCG Legal Can Help

At OCG Legal, we assist clients with both the drafting and defence of Wills, as well as disputes concerning their validity. If you’re concerned about whether a Will is genuine, or have been left out of a Will unexpectedly, our Private Client team can advise you on the best course of action, with empathy, clarity and expert legal support.

Need Advice on a Disputed Will?

Contact us for a confidential discussion:
0203 988 0648
privateclient@ocglegal.co.uk
ocglegal.co.uk