Several things can make a Will invalid, these can range from a simple mistake to larger issues such as whether they had sufficient mental capacity at the time. To ensure a level of “soundness” we would always suggest that before an elderly relative makes a will, they volunteer themselves for a “capacity check”, essentially being mentally assessed, this is easily arranged via most hospitals or care homes.
When making a will you must be able to: –
- Understand that your assets will be distributed as you wish
- Realise the size of your ‘Estate’ (everything you own)
- Understand the implications of including/excluding certain people as beneficiaries
- Write the will without being under any undue influence.
Someone (or several people) may challenge your will after your death, these may be those who feel hard done to or upset at not being included. The most common clause for the challenge is that the person “lacked capacity” (basically wasn’t thinking straight – hence the “capacity check” to remove any doubt over your clarity of decision making.
Don’t be influenced
Do not write a will is under any influence by anyone, this is a document denoting your wishes, not what somebody wants you to give them. It is always suggested that it is written in front of an independent witness, such as a member of our staff, they will then be joined by another, impartial witness and together then can witness your signature. By law, you need to sign it in front of two independent witnesses who will then sign it while you watch.
Be specific
If writing a will with a member of our staff they can guide you to be as precise as possible, for instance, if you state “everything in the house to go to the cats home” – does that include the car in the garage? a will needs to be as precise as possible. Our staff can advise on clarity but will not exert any influence over your wishes.
Top Tip
If you think there will be arguments over items, such as jewellery etc then there is one simple solution – give them to your selected recipient while you are still alive (just don’t do this while under any influence). It is always an idea in this situation to explain to whoever you think will be the aggrieved party who you have not chosen to give it to them. Hopefully, they will respect your decision and this avoids any bad blood after you die.
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