Can a will be valid if it is undated?

You’ve found a will after someone has died but it’s undated. Does that mean it is invalid? Does a will require there to be a date?

Let’s start with what the legal requirements are for a valid will. You will find them in section 9 of the Wills Act 1837:

  1. it must be in writing;
  2. it must be in writing and signed by the person making the will (let’s call them ‘A’) or by some other person in A’s presence and by A’s direction;
  3. the signature must be made or acknowledged by A in the presence of 2 or more witnesses present at the same time; and
  4. each of those witnesses must either:
    • attest and sign the will; or
    • acknowledge his signature, in the presence of person A (but not necessarily in the presence of any other witnesses).

What do you notice that is missing? It is the requirement that the will is dated. This is somewhat surprising to a degree, but a will does not actually have to be dated.

However, it is obviously good practice to have a will dated. A will which is undated can also cause some real problems for the executors and beneficiaries. For example, what if person A left two undated wills? It might not be easy to know which one came second.

What about if a will has a date but it is wrong? That does not invalidate a will either: Corbett v Newey [1996] 2 All ER 914.

Ash

I am a direct access (public access) authorised barrister. I specialise in disputes about inheritance, wills, properties, probate, money in divorce and between neighbours such rights of way and boundaries. I provide specialist advice and representation in court. You can instruct me without having to go through a solicitor first which can save you money.

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