My grandfather wrote a short note before he passed away, expressing how he wanted his belongings divided, but it was not witnessed and looks informal. Can this be treated as a valid will? I would like to know what steps I should take next to protect myself.
A will is normally valid under the Wills Act 2007 only if it is in writing, signed by the will-maker, and the signature is made or acknowledged in the presence of two witnesses who also sign it in the will-maker's presence. A handwritten, unwitnessed document does not meet those formal requirements. However, section 14 of the Wills Act gives the High Court a discretion to validate a document that does not comply with the formalities, if the court is satisfied that it expresses the deceased's testamentary intentions. This is not automatic and requires an application, supported by evidence about the circumstances and the deceased's intentions. Get legal advice quickly, gather any evidence of your grandfather's wishes, such as other communications, and be aware that time and cost are involved in this kind of application.
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