Many people believe that if they write down their wishes, a Court can simply “fill in the blanks” when the time comes. In reality, unless a Will is signed and witnessed in strict compliance with the Wills Act 1837, it cannot be admitted to probate and has no automatic legal force. The Court will not normally uphold an unsigned Will, although it may take the deceased’s intentions into account in very limited circumstances.
Section 9 Wills Act 1837 requirements
Under Section 9 of the Wills Act 1837, no Will is valid unless:
- It is in writing.;
- It is signed by the testator (or by someone else in their presence and at their direction);
- The signature was made or acknowledged by the testator in the presence of two or more witnesses; and
- Each of those witnesses attests and signs the Will (or acknowledges their signature in the testator’s presence).
Failure to comply with any of these requirements renders the document invalid as a Will, no matter how clear the testator’s intentions might have been.
Can the Court uphold an Unsigned Will?
By default, Courts will not “complete” or enforce a transaction that the deceased did not properly execute. An unsigned Will cannot be formally admitted to probate, meaning its terms have no direct legal effect.
That said, there are three narrow avenues by which the content of an unsigned Will might still guide post-death arrangements:
1. Inheritance (Provision for Family and Dependants) Act 1975 claims: The Court may consider the deceased’s documented intentions when deciding whether to grant reasonable financial provision to a spouse or dependent, even if the unsigned Will itself is invalid;
2. Deed of Variation: If all beneficiaries under the intestacy (or a prior valid Will) agree, they can execute a deed of variation to re-shape the estate as the unsigned Will specified; and
3. Professional negligence claims: If a solicitor drafted but failed to execute the Will in time, disappointed beneficiaries may sue for losses caused by that negligence.
Case Law examples
In Waghorn v Waghorn (Executors of the estate of Waghorn deceased) (2013), beneficiaries asked the Court to recognise uncompleted trust documents drafted by the deceased’s solicitors. The Court refused, confirming it will not step in to complete an incomplete transaction at death.
In Mason and Others v Robinson Solicitors and Others (2019), the Testator’s handwritten Will contained minor errors (wrong beneficiary description, misspelt surname) and no direct evidence from the attesting witnesses. Chief Master Marshall held that in the absence of witness evidence, the surrounding circumstances carried greater weight—and those circumstances undermined any presumption of proper execution. As a result, the Will was declared invalid and the Testator died intestate.
Practical steps when facing an unsigned Will
1. Ascertain whether any earlier valid Will can be found. If not, the estate falls to be distributed in accordance with the intestacy rules.
2. Consider an Inheritance Act claim if you’re an eligible spouse, civil partner, or dependent—and the deceased’s unsigned Will supports your claim to reasonable provision.
3. Explore a deed of variation if all entitled parties agree to honour the unsigned Will’s terms by mutual deed.
4. Review potential solicitor negligence if the drafting professional failed to secure proper execution before the testator’s death.
Comment
An unsigned Will in England and Wales has no direct probate effect. Courts will not ordinarily step in to uphold or complete it, although the deceased’s clear intentions can influence Inheritance Act awards or voluntary deeds of variation. Case law, such as Mason v Robinson, underscores the strict application of Section 9 of the Wills Act 1837. If you encounter an unsigned Will, seek specialist advice promptly to explore intestacy rules, variation deeds, or possible claims for professional negligence.
How can we help?
Amrik Basra is an Associate in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the above subject, don’t hesitate to get in touch with Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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