How to Prove a Will Was Not Properly Signed

A will is a legal document setting out how a person's estate should be dealt with after death. Under the Wills Act 1837, a will must meet specific formal requirements to be valid - including how it is signed and witnessed. If those formalities are not followed, the will may be invalid and open to legal challenge. Proving that a will was not properly signed is one of the most common grounds for disputing its validity. This article explains the legal standards, practical steps, types of evidence required, and the process for challenging a will on the basis of improper execution.

Legal Requirements for a Properly Signed Will

In England and Wales, a will must comply with section 9 of the Wills Act 1837 to be valid. This requires that:

• The will is in writing (typed or handwritten).
• The document is signed by the person making the will (the testator), or by someone else in the testator's presence and at the testator's direction.
• The testator's signature is made or acknowledged in the presence of at least two witnesses present at the same time.
• Each witness then attests and signs the will in the presence of the testator (but it is not necessary for witnesses to sign in each other's presence).

If these requirements are not met, the will has not been validly executed. An improperly signed will can be challenged on the ground of lack of due execution.

Why Execution Formalities Matter

The strict formalities exist to ensure that the will:

• Reflects the true intentions of the testator.
• Was made freely and without fraud or coercion.
• Can be authenticated and admitted to probate (the court process recognising the will).

There is a presumption of due execution where a will appears on its face to have been correctly signed and witnessed. This means that, if the will on its face looks valid, the courts start with the assumption that it was properly executed. To overturn that presumption, strong evidence is needed.

Common Execution Errors That Can Invalidate a Will

1. Testator's Signature Is Missing or Improper

If the will is not signed by the person making it (or by someone directed to sign on their behalf in their presence), it fails a key legal requirement. A missing signature or one added after the testator's death itself invalidates the execution.

2. Witnessing Requirements Were Not Followed

The presence of two independent witnesses is essential. A signature is not valid if:

• Witnesses were not present at the same time.
• Witnesses did not actually see the testator sign or acknowledge the signature.
• Witnesses signed at a later time or separate location.
• Witnesses were party to the will or stand to benefit, which may affect validity or cause issues even if technically present.

Errors such as these often arise with DIY wills or informal signing arrangements.

How to Prove a Will Was Not Properly Signed

To challenge a will on this basis, the person disputing the will must gather evidence showing that formal execution requirements were not satisfied.

1. Obtain the Original Will

The original will must be examined - not a photocopy - because only the original document shows the actual signatures and witness attestations.

2. Identify and Contact Witnesses

One of the most persuasive forms of evidence is witness testimony. Challengers should:

• Locate the listed witnesses.
• Obtain statements confirming whether they were actually present when the testator signed.
• Ask witnesses to clarify if they saw both the signing and each other's signatures.

A witness who signs without having seen the testator sign, or who signs in a different location or time from the testator, can undermine the will's validity.

3. Collect Documentary or Digital Evidence

Where witnesses cannot be contacted, other evidence may assist, such as:

• Solicitor or will‑drafter notes describing the execution event.
• Text messages, emails or video recordings relating to the signing.
• Medical records showing the testator's inability to comprehend or physically sign a document.

Challenging a Will Before or After Probate

Before Probate

If probate has not yet been granted, a person seeking to challenge the will can file a caveat at the Probate Registry. A caveat temporarily prevents probate being granted while issues are investigated.

After Probate

If probate has already been granted, a challenge may still be possible, but it becomes more complex. A formal court claim must be issued, typically through the High Court or County Court depending on the value and complexity of the estate.

Evidential and Practical Considerations

Presumption of Validity

As noted above, courts start with a presumption that the will was properly executed. To rebut this, the challenger must provide clear evidence that one or more formalities were not met. Weak or speculative allegations are unlikely to succeed.

Other Grounds

Challenges based on improper signing often occur alongside other issues such as:

• Forgery or fraud: where signatures are fraudulent.
• Lack of testamentary capacity: testator lacked mental ability.
• Lack of knowledge and approval: testator did not understand the document.
• Undue influence: testator was pressured into signing.

Combining these grounds may strengthen a case but also increases complexity.

Costs and Risks

Contesting a will can be costly. Parties may recover legal costs only in limited circumstances if the court orders it, but unsuccessful claimants often bear their own costs and potentially those of the opposing side.

Time Limits and Prompt Action

There is no absolute statutory time limit to challenge a will on the basis of improper execution. However, delays can make evidence harder to obtain and may limit practical remedies if assets have already been distributed. In many cases, challenges are made within months of death and before a grant of probate is obtained.

Key Takeaways

Proving that a will was not properly signed in England and Wales involves demonstrating that the formal requirements under the Wills Act 1837 were not met. The key elements are the presence of the testator's valid signature and the signatures of at least two independent witnesses who were present at the same time and saw the signing.

A successful challenge usually relies on witness testimony and documentary evidence, and must overcome the legal presumption that a duly executed will is valid. Prompt investigation and specialist legal advice are often essential, especially where a will has already been submitted for probate.