You may have heard a lot of advice about writing a Will and getting your estate organised before you die.

However, there are times when a person leaves behind a Will that was never signed.

This could be because it was written quickly before their death, or was a draft Will that never got finalised.

You might be tempted to think that just writing down your Will is enough, but if it is not signed then it may have no legal weight.

What makes a Will valid?

In order for a Will to be valid, it has to follow the requirements outlined in the Wills Act 1837.

This means that it must:

• Be in writing
• Be signed by the person making the Will or by someone else in their presence and at their directive
• Have a signature that is made or acknowledged in the presence of two witnesses simultaneously
• Have the signature of the witnesses

If any of these steps are not completed, then a Will is not legally valid.

Do courts uphold unsigned Wills?

Unfortunately, the court is in no position to uphold a Will that has not been signed.

It is not within the court’s power, nor is it the responsibility of the court, to correct mistakes that have been made by people.

As such, the court will not view an unsigned Will as valid.

What can be done if my loved one’s Will is unsigned?

If you have come to handle your loved one’s estate only to find that their Will is unsigned, it can be emotionally challenging knowing that the probate process is more complex.

Depending on why you feel the Will was unsigned, you may be able to make an Inheritance Act claim, apply for a deed of variation, or even a professional negligence claim if it was the fault of a solicitor.

If you are making a claim under the Inheritance Act 1975, then the unsigned Will may form part of the evidence in the case, especially if it supports a claim by a spouse, civil partner or dependent.

If a solicitor did not take the necessary steps to get the Will signed, you can make a professional negligence claim against them, but this will not validate the Will.

Ultimately, it is likely that your loved one’s estate will be handled according to the rules of intestacy.

At Palmer’s Solicitors, we work to look after the people of Essex by ensuring that their estates will be handled according to their wishes when they die.

This means that you can trust a Will written alongside us as we will make sure it is legally valid and that your estate is protected. Speak to our team today to get confident with writing your Will or handling the probate process.