If a Will is found to be invalid, the court will distribute the deceased's assets according to the intestacy rules. This means that the deceased's assets will be distributed among their next of kin, regardless of what the deceased may have wanted.
Video: 5 Consequences Of An Invalid Will
1. Lead to unfair outcomes
This can often lead to unfair outcomes, as the intestacy rules may not take into account the wishes of the deceased. For example, if a person has cut out one of their children from their Will, it is likely that this child will still inherit a share of the estate under the intestacy rules.
2. Lead to delays in distributing the estate
It can also lead to delays in distributing the estate, as the court will need to determine who is entitled to what under the intestacy rules. This can be a lengthy and complicated process, particularly if there are a large number of beneficiaries.
3. Lead to disputes among family members
It can also lead to disputes among family members, as there may be disagreement over who should inherit the deceased's assets. This can be a particularly difficult situation if the deceased has not left a clear Will.
4. Result in increased costs
An invalid Will can also result in increased costs, as the estate will need to pay for the legal fees associated with determining the distribution of assets under the intestacy rules.
5. Prevent the deceased's wishes from being carried out
Finally, an invalid Will can prevent the deceased's wishes from being carried out. This is often the most upsetting consequence for loved ones, as it can mean that the deceased's final wishes are not respected.
If you are concerned about the validity of your Will, it is important to seek legal advice as soon as possible. A solicitor can help you to ensure that your Will is valid and meets all of the required legal requirements.
If you would like to make a valid Will, please download our Last Will and Testament.