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Wills

Invalid wills

The importance of getting wills right is obvious given that at some point, it will be the will-maker’s last words.  However, it may not be well appreicated that the Wills Act 2007 contains a section allowing wills that otherwise do not meet the required formalities can be declared valid by the High Court.  Since the introduction of this provision a plethora of reasons for why last wills were not properly signed have been through the courts.  As best as can be told the applications are rarely declined.  See What passes for a will these days.

However, the practical reality is, that while it is convenient to be able to have wills declared valid, to do so, takes time and money and a better solution for many would be to finalise wills as quickly as possible after giving will instructions.  Where a client is old or infirm serious consideration should be given to drafting and finalising a will while the client is in attendance rather than risking a will not be finalised for the many and varied reasons and life incidents that occur to befuddle the best of intetions.  Again see What passes for a will these days.

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Discussion

One thought on “Invalid wills

  1. Also raises the point of reviewing wills. People often think that once it is signed they can forget about it but it is important to review every few years to keep up with legislation.

    Posted by MKB Law Solicitors | August 22, 2014, 10:28 pm

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