Is an Unsigned Will Valid in England and Wales?

Making a Will is one of the most important things you can do to protect your estate and ensure your wishes are carried out after your death. But what happens if you find a document that looks like a Will, but it was never signed by the person who made it?

In short, an unsigned Will is not valid. However, there are a few exceptions and alternatives to consider.

Legal Formalities: How to Make a Valid Will

Under law (in England and Wales) the main statute is the Wills Act 1837 (section 9).
To be valid, a Will must meet several formal requirements:

• It must be in writing.
• It must be signed by the testator (or by some person in the testator’s presence and by his/her direction).
• The signature must have been acknowledged by the testator (if someone else signed on their behalf).
• It must be made or acknowledged in the presence of two or more witnesses present at the same time.
• Each witness must either attest and sign the Will or acknowledge his/her signature in the presence of the testator.
• The testator must be 18 or over (in England and Wales) and must have the requisite testamentary capacity and make the Will voluntarily.

In addition, the government’s website states clearly:

“For your Will to be legally valid, you must … sign it in the presence of 2 witnesses … and have it signed by your 2 witnesses, in your presence.”

Witnesses must be careful, a witness (or their spouse/civil partner) cannot be a beneficiary of the Will, or the gift they receive may be void.

What Happens if a Will Is Unsigned?

Unsigned or partially executed Will

If a document claiming to be a Will is not signed by the testator (or by a person authorised on their behalf) and/or not properly witnessed, then it will typically fail the requirements under section 9 of the Wills Act and will have no automatic legal effect as a Will.

Unless a Will meets with the legal formalities required then it will not be an effective testamentary document. One of the fundamental requirements is that the Will has been signed - unless this can be shown then the Will will have no legal effect.

Consequences for the estate

If the unsigned Will cannot be treated as valid, the following may happen:

• If there was a previous valid Will, that may still take effect (provided it was properly executed and not revoked)
• If no valid Will exists, then the estate passes under the intestacy rules (the statutory rules determining who inherits when someone dies without a valid Will)
• Beneficiaries named in the unsigned document may lose out - someone not intended under the document may end up inheriting under intestacy rather than the testator’s wishes

Are there any exceptions?

Yes, but they're narrow. A possibility includes:

Special service members: Under section 11 of the Wills Act 1837, a Will made by a soldier on active service or a mariner at sea may have relaxed formalities.

Is there any way to ‘fix’ the Will?

Deed of Variation: If the estate is being administered under a prior valid Will (or under intestacy), and all beneficiaries agree, the terms of the unsigned Will can be implemented by way of a Deed of Variation.

Court-use of unofficial “dispensing power”: Although rare in England & Wales, in very limited cases a court may accept a document that does not comply fully with all formalities if it is satisfied the deceased intended it to be their Will. However, this is extremely difficult to achieve and needs strong evidence of intention and action.

What to Do If You Find an Unsigned Will

If you are dealing with the death of a relative or friend and you discover an unsigned Will, here are the steps you should consider:

1. Check for an earlier valid Will
The first thing is to verify whether the deceased made a valid Will previously, perhaps with a solicitor, and whether that Will was properly signed and witnessed.

2. Gather the facts around the unsigned document

• Was the document in draft form or clearly final?
• Did the testator intend to sign it but died before they had the chance?
• Was there any correspondence or witness evidence that it was intended to be their final Will?
• Where was the document found? Was the original signed version located?

This matters, because as noted, any “rescue” via court discretion hinges on strong evidence of intention.

3. Ascertain how the estate will be administered

• If a valid earlier Will exists that may govern the estate.
• If no valid Will exists, the estate falls under intestacy rules.

Consider whether a Deed of Variation is feasible if all potential beneficiaries agree and wish to honour the terms of the unsigned document.

4. Consider professional advice.
Because of the complexity and the potential for dispute (especially where beneficiaries feel unfairly treated), it is wise to seek specialist legal advice in Wills, Trusts and Probate.

5. Challenge or contest if necessary.
If you believe negligence, undue influence, lack of capacity or other issues apply, you may have a challenge under the Inheritance (Provision for Family and Dependants) Act 1975. Again, it is advisable to seek specialist legal advice for this.

Practical Tips for Making your Will to Avoid Invalidity

While this article focuses on what to do when you find an unsigned Will, as a law firm advising clients here’s a short checklist of things to ensure when making your Will:

• Always sign your Will in the presence of 2 independent witnesses, and ensure they sign in your presence
• Ensure your Will is dated
• Ensure the Will is clearly a final copy, not a draft
• Make sure the witnesses are not beneficiaries or spouses/civil partners of beneficiaries
• Keep a copy of the executed Will in a safe place and let relevant people (e.g., the executor) know where it is
• If changes are required to the Will, execute a formal codicil or new Will - rather than leaving draft notes lying around
• If you are unable to physically sign (due to illness or condition), you may direct someone to sign on your behalf in your presence with the correct attestation clause
• Periodically review your Will, especially after major life events (marriage, divorce, children, moving abroad)

Why Choose Hegarty to Help You?

At Hegarty our specialist Wills, Trusts & Probate team has extensive experience in dealing with complex Will issues, including:

• advising executors and beneficiaries where a Will may have been improperly executed
• handling Deeds of Variation
• acting on professional negligence claims in drafting and execution of Wills
• guiding clients through intestacy and Will-validity disputes.

If you have discovered an unsigned Will, or you are unsure whether a Will is valid or whether you should be relying on one, we can provide clear, practical advice and tailored support to minimise risk and protect the estate and beneficiaries.