10 Wills and Probate
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5. What does an executor or administrator do?
7. Will I have to pay inheritance tax?
8. Who takes charge if there is no will?
9. Who gets the estate if there is no will?
10. What can I do if I think there is something wrong with the will?
The most common reasons for a will not being valid are when:
- the person who made the will did not get their signature witnessed;
- the witnesses were not together when the will was signed; or
- the person who made the will got married after making their will.
Also, if one of the witnesses is a beneficiary to the will, they lose the right to what the will says they should have (though the rest of the will is still valid).
You can lodge a 'caveat' at a probate registry to stop probate or letters of administration being granted if:
- you think there is something wrong with the will; or
- someone is applying for letters of administration when they don't have the right.
However, you will need specialist legal advice if you are in this position.
Other reasons may make a will invalid, including:
- the person was not mentally capable when they made the will; or
- they made the will under 'undue influence' from some other person.
It is difficult to prove that a will is invalid. You would normally need medical evidence to show a person was not mentally capable when they made their will, and you would need specialist legal help.
If you get married or register a civil partnership, your will automatically becomes invalid, unless you mention your forthcoming marriage or civil partnership in the will).
If you get divorced or dissolve your civil partnership after making a will, anything that you specifically mention in the will as going to your former husband, wife or partner is ignored. The rest of the will is still valid.
11. What can I do if I think the will is unfair?
12. What if there isn´t enough money to pay for the funeral?
13. What if there isn´t enough money to pay the person´s debts?
14. Terms used in wills and probate matters
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Paul Elmhirst, a solicitor specialising in wills and probate.
Leaflet version: July 2007