10. What can I do if I think there is something wrong with the will?

The most common reason for a will not being valid is when:

• the person who made the will did not get their signature witnessed; or
• the witnesses were not together when the will was signed.

Also, if one of the witnesses is a beneficiary to the will, they lose the right to what the will says they should have (though the rest of the will is still valid).

You can lodge a 'caveat' at a probate registry to stop probate or letters of administration being granted if:

• you think there is something wrong with the will; or
• someone is applying for letters of administration when they don't have the right.

However, you will need specialist legal advice if you are in this position.

Other reasons may make a will invalid, including:

• the person was not mentally capable when they made the will; or
• they made the will under 'undue influence' from some other person.

It is difficult to prove that a will is invalid. You would normally need medical evidence to show a person was not mentally capable when they made their will, and you would need specialist legal help to do this.

If you get married, your will automatically becomes invalid, unless you make it 'in consideration of marriage' (that is, if you mention your forthcoming marriage in the will).

If you get divorced after making a will, anything that you specifically mention as going to your ex-husband or ex-wife is ignored. The rest of the will is still valid.