Is your will really valid? Common mistakes that could put your estate at risk

Many people assume that once a will is written, it will automatically work as intended. In reality, a will can be partially or wholly invalid, even if it has been signed. Errors, outdated provisions or missing instructions can result in intestacy rules applying, meaning parts of your estate may be distributed in ways you never intended.

Understanding whether your will is truly valid and up to date is essential to protecting your estate and your beneficiaries.

What makes a will invalid in the UK?

A will may be invalid, or fail in part, if:

• It was not signed or correctly witnessed
• It has not been updated following marriage or divorce
• It was written before marriage, without contemplation of it
• It does not clearly cover all assets and beneficiaries

In these situations, some or all of your estate could fall under statutory intestacy rules, removing your control over who benefits.

What is partial intestacy?

Partial intestacy occurs when a will exists but does not deal with the whole estate. This is more common than many people realise.
Examples include:

• A beneficiary dies before you, with no alternative beneficiary named
• Assets are acquired after the will is written and not included
• There is no residual clause to deal with unallocated estate

Although the rest of the will may remain valid, any assets not properly covered will be distributed according to intestacy rules — potentially benefiting people you never intended to include.

Why an invalid or outdated will can cause problems

An invalid or partially effective will can result in:

• Assets passing to estranged or unknown relatives
• Increased legal costs and delays
• Disputes between family members
• Reduced inheritance for intended beneficiaries
• Avoidable stress at an already difficult time

In many cases, these issues could have been easily avoided with professional advice and a simple review.

How often should you review your will?

We recommend reviewing your will at least every five years, and immediately after major life events such as:

• Marriage or divorce
• Death of a beneficiary or executor
• Significant changes to assets or finances
• Starting or selling a business
• Changes to inheritance tax legislation

Regular reviews ensure your will remains valid, effective and aligned with your wishes.

How Bishop Fleming can help

Bishop Fleming provides clear, practical advice on wills, probate and estate planning, helping you ensure your will is valid, complete and fit for purpose. We work with you to identify potential risks such as partial intestacy and ensure your estate is structured efficiently.