Myth-busting

The 3 mistakes that make a homemade will invalid

By Aistis Puidokas, Solicitor of England & Wales  ·  3 min read  ·  Updated August 2026

Three small mistakes — any one of them can quietly cancel a homemade will. All three are invisible while you are alive: the document sits in the drawer looking perfect, and the failure is only discovered at death, when there are no do-overs. Count them with me.

Mistake one: the witnessing ceremony done wrong

The law requires both witnesses to be present together, at the same time, when you sign or acknowledge your signature — and then each signs in your presence. It is a ceremony, not a paper round.

A void will means intestacy: the estate is distributed by the default rules as if the will never existed.

Mistake two: the wrong witnesses

If a beneficiary — or a beneficiary's spouse or civil partner — witnesses the will, the result is subtler and crueller: the will itself stands, but that person's gift is void. They watch everyone else inherit. Families reaching for the nearest two adults usually reach for exactly the people named in the will.

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Mistake three: changing it afterwards

A will is not a shopping list. Crossings-out, a paragraph squeezed in, a page swapped after signing — unattested alterations are presumed to have been made after execution and are ignored, or worse, cast doubt on the whole document. Even removing and re-inserting a staple can raise suspicions of tampering that have to be answered before probate is granted.

The rule is simple: to change a will, you make a new will (or a properly executed codicil). Never annotate the original.

The bonus killer: the will nobody can find

A perfectly valid will that never surfaces is, in practice, no will at all — intestacy by misplacement. Where the original is stored, and who knows where, matters as much as what it says.

Each of these failures happens at the finish line, not in the drafting. That is why supervised execution — someone who does this professionally watching you sign — is quietly one of the most valuable parts of using a solicitor.

Want yours done properly?

Fixed-fee Wills from £195, prepared by a regulated solicitor — entirely online, across England & Wales, with a free no-obligation chat first.

Book a free chat
Important: this guide is general information about the law of England & Wales, not legal advice for your situation. Everyone's circumstances differ — for advice specific to you, please get in touch. Figures and fees quoted are correct as at August 2026 and may change.

Aistis Puidokas is a solicitor of England & Wales, authorised and regulated by the Solicitors Regulation Authority (SRA ID 7019182), specialising in Wills, Lasting Powers of Attorney and estate planning — delivered online, nationwide, for clear fixed fees.

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