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- Technical errors in wills
- Attestation errors
- Undue influence and lack of capacity
Common Mistakes Found With Wills
A surprising number of wills are rejected by the Probate Offices; the rejection often
results in the deceased being deemed to have died intestate -
Technical errors: Breach the requirements of the Wills Act 1837 (as amended) and your will may be rejected. Common breaches: • If you fail to sign and attest your will correctly. • Your will is not in writing. • Its date of execution cannot be established.
Ambiguous wording: It is rare for a will to be rejected outright because of poor
wording, but it is common for a specific clause or clauses to be rejected - leading
to partial intestacy, or the even more expensive option of a court battle to resolve
how the wording should be interpreted. This problem is usually resolved by using
the services of a professional will-writer.
Poor drafting of the Will: This is usually seen where the testator has decided not
to use the services of a professional will-drafter.
Whilst a Will may not be rejected by Probate Office it is not uncommon to have a Will that lacks the administrative powers the executors need to do their job properly. Even the most basic of Wills should these days have around 8 ‘precedents’ (i.e. Clauses) setting out powers and controls for the executors.
Trying to Control the Future from the Grave: A typical example is ‘I give to my daughter this [gift] but if she should subsequently divorce then I give the gift to my son.’ What has actually been created here is an implied trust, with all its administration costs and responsibilities.
Poor Storage: If an executor is unable to locate a person’s will then the deceased will be deemed to have died intestate. It is important to let your executors know where your will is stored, and to keep your will safe and secure..
Likewise attaching, paper clipping, or stapling any additional document to a will could result in the will being rejected. Why? Because the Probate Office do not know whether there was just one document, or two. Care is needed with storage.
Undue Influence: While this is not a mistake it is becoming increasingly common
for a self-drafting ‘do-it-yourself’ will to be challenged by a disgruntled family
member who stands to gain by the will being rejected for undue influence.
Professional will writers will take action to defend against such a claim. Just another reason why using a professional will writer should be considered.
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Related Topics:
► 9 methods to make your will;
► Read the secrets will writers (& Solicitors) don’t want you to know;
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