20.08.26

Is Your Will Valid?

Is Your Will Valid?

In Batiller v Edwards [2026] EWHC 2086 (Ch), the court ruled that a Will was invalid because one of the witness signatures was likely not genuine. The case serves as a reminder of the importance of ensuring that Wills are signed and witnessed correctly, as defects in execution can lead to a Will being declared invalid many years later.

An invalidly executed Will has no legal effect, potentially creating difficulties and confusion for your loved ones. In contrast, a validly executed Will ensures that your estate is passed on according to your wishes after your death, allowing you to plan and structure your affairs effectively and potentially minimise your estate’s liability for inheritance tax.

But what makes a Will valid?  Section 9 of the Wills Act 1837 sets out the legal framework for Wills, establishing the basic requirements for a valid Will in England and Wales. It provides that:

• A Will must be in writing and signed by the Will maker (known as the testator) or by another person in their presence and at their direction. Therefore, if the testator is unable to sign the Will themselves, for example due to disability, they can request someone to sign it on their behalf;
• It must appear that the testator intended, by their signature, to give effect to the Will;
• The Will must be signed in the presence of at least two witnesses; and
• The witnesses must sign the Will themselves in the presence of the testator.

As we recently addressed, draft legislation modernising Will-making has been published by the Law Commission and is currently being considered by the Government but for the time being, the Wills Act 1837 continues to govern the law in this area.

If you would like assistance in preparing a validly executed Will, please contact the Private Client Team at Wansbroughs: wealth@wansbroughs.com.