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10 Wills and Probate
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:
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:
However, you will need specialist legal advice if you are in this position.
Other reasons may make a will invalid, including:
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.
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
CLS Legal Info Leaflets
(Legal Information Leaflets)