I've Found a Will: How Do I Know If It's Legally Valid?

The formal requirements: Wills Act 1837, section 9

For a will to be valid in England and Wales, section 9 of the Wills Act 1837 requires that:

1. The will must be in writing (handwritten or typed — both are acceptable)
2. It must be signed by the testator (the person making the will), or signed in their presence and at their direction if they were physically unable to sign themselves
3. The testator must have intended their signature to give effect to the will (a signature at the top of the document that was clearly not intended as an execution does not count)
4. The signature must be made or acknowledged in the presence of two witnesses, both present at the same time
5. Each witness must sign the will in the presence of the testator (but witnesses do not need to be present when the other witness signs)

Additionally, the testator must have been aged 18 or over (with an exception for military personnel on active service — see below), and must have had the mental capacity to make a will.

The four-point validity checklist

When you find a document that purports to be a will, check these four things in order:

1. Is it signed by the testator?

Look for a signature — usually at the end of the document, but a signature elsewhere can still be valid if the testator intended it to execute the will. A printed name without a true signature (e.g., just typed at the bottom) is not sufficient. If the testator directed someone else to sign on their behalf, that other person's signature may be valid if it was done in the testator's presence and at their explicit direction.

2. Are there two witness signatures?

Look for two separate signatures beneath or alongside the testator's signature. Most wills have an attestation clause — a paragraph stating something like "Signed by [testator] in our presence, and then by us in his/her presence..." followed by two witness signatures with names and addresses. If there is only one witness signature, the will is invalid in England and Wales — see our guide on wills with only one witness.

3. Was it properly dated?

A will does not legally need to be dated to be valid — the Wills Act 1837 does not require a date. However, an undated will creates serious practical problems if there is any question about which of several wills is the most recent. The date also matters for establishing whether the testator had the required mental capacity at the time.

4. Is this the most recent will?

A later validly executed will revokes an earlier one, either expressly (through a revocation clause) or impliedly (where the later will is clearly intended to replace the earlier one). If you have found a will, you need to establish whether a more recent will exists. See our guide on finding the will for where to search, and our guide on multiple wills: which is valid.

Common validity problems

Only one witness

A will with only one witness has no legal effect in England and Wales. There is no way to retrospectively cure this defect. The estate is treated as if the person died intestate (without a valid will) and distributed under the intestacy rules.

Witnessed by a beneficiary

If a witness to the will (or their spouse or civil partner) is also a beneficiary named in the will, the gift to that person fails — but the rest of the will remains valid. For example, if a will leaves everything to a daughter and she is one of the witnesses, the bequest to her fails and the estate passes as if that provision had not been made. See our detailed guide on wills witnessed by a beneficiary.

Alterations and amendments

Handwritten alterations to a will are presumed to have been made after execution and are therefore invalid unless they have been separately signed and witnessed. If the will has crossings-out, additions, or other amendments, these need careful examination. See our guide on wills amended by hand.

Revocation by marriage

Marriage or civil partnership automatically revokes a will made before the marriage. If the deceased married or entered a civil partnership after making the will you have found, that will is revoked. The estate passes under intestacy unless the will was made specifically in contemplation of that marriage. See our guide on whether an old will is still valid.

Wills made under duress or undue influence

A will made under duress (threats) or undue influence (where the testator's free will was overborne by another person) can be challenged in court and declared void. This is different from the formal validity requirements — the document may be properly signed and witnessed but still be voidable if undue influence is proved.

Lack of testamentary capacity

The testator must have had sufficient mental capacity when they signed the will. The test comes from the 1870 case Banks v Goodfellow: the testator must understand the nature of making a will, the extent of their property, the people who have a natural claim on their estate, and the effect of the will. A will made during severe dementia, for example, may be challenged on capacity grounds.

Conditional wills

A will that is expressed to take effect only if a specific condition is met (e.g., "this will is to take effect only if I die during my forthcoming trip") raises questions about whether the condition was satisfied. These situations are complex and may need legal advice.

The privileged will exception

Military personnel who are on actual military service can make a valid will without the usual formalities — including without any witnesses and without being in writing (an oral will can be valid). These are called "privileged wills" and the rules are contained in section 11 of the Wills Act 1837. If the will you have found appears to be a military privileged will, seek specialist legal advice.

Different rules in Scotland

The rules described in this guide apply to England and Wales only. Scotland has a different legal system. In Scotland, a valid will requires only one witness — not two. Scotland also has its own rules on testamentary capacity and what counts as a valid signature. If the deceased was domiciled in Scotland, Scottish law governs their will.

What the Grant of Probate tells you

When you apply for probate, the Probate Registry examines the will and decides whether to admit it to probate. If probate is granted, the Grant of Probate is effectively confirmation that the will is formally valid and that you have authority to administer the estate in accordance with it.

You do not need to make a definitive legal determination about validity before applying — the Probate Registry will assess the will. However, if there is an obvious formal defect (such as only one witness), you should seek legal advice before applying, as you may need to apply for letters of administration instead.

See the PA1P/PA1A probate application guide for the full application process.

What if you think the will should be challenged?

If you believe the will is invalid for any reason — whether due to formal defects, lack of capacity, undue influence, or fraud — you can enter a caveat at the Probate Registry. A caveat prevents a Grant of Probate from being issued while the dispute is investigated. It gives you time to seek legal advice and take court action if appropriate.

A caveat lasts for six months and costs a small fee. If you decide not to pursue the challenge, it can be withdrawn. See our guide to contesting a will for a full explanation of the process.

Holographic and homemade wills

A handwritten (holographic) will is valid in England and Wales provided it meets the same formal requirements as any other will: signed by the testator, witnessed by two independent witnesses who also sign in the testator's presence. The handwriting itself does not make it more or less valid — what matters is the formal execution.

See our guide to holographic and homemade wills for specific guidance.

Frequently asked questions