How to Make Sure Your Will Is Legally Binding in the UK

Planning for the future means planning for the inevitable — and one of the most important steps is making a legally valid Will. In England and Wales, the principle of testamentary freedom gives you the right to leave your money, property, and possessions to whoever you wish. However, for your wishes to be carried out, your Will must meet strict legal requirements.

At Viva Planning, we guide families through the process of writing Wills to make sure they are valid, binding, and protected from challenge.

Is a Will legally binding?

For a Will to be recognised in law, it must:

• Be made in writing.
• Be signed by the person making the Will (the testator) in the presence of two witnesses.
• Be signed by the two witnesses, in each other’s presence and in the presence of the testator.

It’s also important to note that witnesses, or their partners, cannot be beneficiaries of the Will. If they are, they lose their right to inherit under it. While a Will does not have to be dated to be valid, dating it avoids future disputes about when it was made and whether it was the testator’s last valid Will.

A Will-maker must also be at least 18 years old, unless they are serving in the armed forces, where a younger person can make a valid Will.

Can a Will be challenged?

Even if all formalities are met, a Will may still be challenged if there is evidence the testator was under undue influence. This doesn’t necessarily mean physical threats — it can also involve emotional or financial pressure. For example, a relative might pressure someone into changing their Will in order to receive a greater share or to exclude other family members.

Signs of undue influence include sudden, unexpected changes to a Will that are difficult to explain logically. Using a professional Will-writing service helps safeguard against such challenges.

Testamentary capacity: being of sound mind

A Will-maker must also have the mental capacity to understand what they are doing. They must be able to:

• Understand the value of their assets.
• Recognise who might reasonably expect to benefit from their estate.
• Comprehend the consequences of including or excluding beneficiaries.
• Make decisions independently, free from coercion.

Without capacity, a Will can be declared invalid. Professional advisors are trained to identify whether someone has the required understanding to make a valid Will.

What happens if a Will is invalid?

If a Will is found invalid, the estate will be distributed according to the last valid Will, if one exists. If no earlier Will can be located, the estate will be divided under the Rules of Intestacy.

Under these rules:

• A surviving spouse or civil partner inherits the entire estate if there are no children.
• If there are children, the spouse or civil partner receives all personal possessions, the first £322,000 of the estate, plus half of the remainder. The other half is divided equally among the children.
• If there is no spouse or children, the estate passes to other relatives in a strict order of priority.

This system rarely reflects a person’s true wishes, which is why making a valid Will is essential.

How to be sure your Will is valid

The most reliable way to ensure your Will is legally binding is to use a professional Will-writing service. At Viva Planning, our advisors offer clear, jargon-free guidance and ensure your Will meets all legal requirements. With professional support, you can have peace of mind that your wishes will be respected and your loved ones provided for.