The danger of homemade Wills

Recent media coverage has highlighted a case where four out of five adult children were not in their father’s original Will tried to pass a scribbled piece of paper of as their late fathers updated Will.

If this piece of torn paper were deemed a valid Will by the High Court these four children would have each been given a quarter share of the £300,000 estate, which was not the wish of their late father.

The late father had been to Solicitors who helped him prepare a Will in accordance with the Wills Act 1837. This meant that his signed and attested Will was proved to be the valid Will that allowed his daughter to inherit the full £300,000 estate; her siblings left, as their father had intended, with nothing.

A Will can be set aside for various reasons, fraud, capacity, undue influence, and lack of formality. Homemade Wills are particularly susceptible to being set aside on the grounds of lack of formality.

If you have concerns over the validity of a Will please contact us on 0121 233 6912 to arrange a free consultation with our expert Contentious Probate team