After a person dies questions can arise about whether the Will is a valid legal document or whether it has included and adequately provided for the right people.
How to know if a Will is a valid legal document
For a Will to be a valid legal document it must satisfy specific requirements:
- It must be in writing (typed or handwritten).
- It must be signed by the Will-maker.
- It must be witnessed by two independent adults, with everyone present at the same time.
- The Will-maker must have testamentary capacity.
There may be questions about whether the Will-maker actually signed the document (cases of fraud or forgery).
There may be concerns that a witness was not independent as they benefit from the Will or they may have signed on a different day to the Will-maker. This might not comply with the formal requirements of a valid Will.
