Proving a will is valid at probate means satisfying the Probate Registry that the document is the true last will of the person who died and meets the Wills Act 1837. For most estates this happens on the paperwork alone, with no hearing: the executor sends the original will, and the Registry issues the grant of probate that lets the estate be administered.
The Registry only asks for extra evidence, such as a statement about how the will was signed, when something on the face of the document raises doubt. This guide sets out what is checked, the defects that cause a query, and how each is resolved. Figures and rules are current as at August 2026 and are subject to change.
What does proving a will mean at probate?
Proving a will is the step where the Probate Registry accepts it as valid and issues the grant of probate that lets the estate be administered. In the large majority of cases it is a documentary check, not a court case. The executor named in the will applies, usually on form PA1P, and sends the original document.
There are two routes. Almost every will is proved in "common form", meaning it is accepted on the application with no dispute. A will is only proved in "solemn form" when its validity is challenged, which is a formal court process covered further down. Most people who search for how to prove a will are dealing with the common-form route, where the work is getting the paperwork right rather than winning an argument.
What makes a will legally valid in England and Wales?
A will is legally valid in England and Wales when it meets the Wills Act 1837: it is in writing, made by someone aged 18 or over who had mental capacity, signed by them, and signed by two witnesses who were both present when the will-maker signed. The will-maker must also have intended it to take effect and understood its contents.
- In writing. The will exists as a written document. Purely verbal wishes do not count, apart from limited privileged wills for those on active military service.
- Made at 18 or over, with capacity. The will-maker must have testamentary capacity under Banks v Goodfellow (1870), confirmed as the test in Leonard v Leonard (2024): they understood they were making a will and its effect, the rough extent of their property, and who might expect to benefit, and were free of any disorder of mind that distorted those decisions.
- Signed by the will-maker. They signed it themselves, or someone signed in their presence and at their direction, intending the signature to give effect to the will.
- Witnessed by two people. Two witnesses were present at the same time when the will-maker signed, and each then signed in the will-maker's presence.
- Made with knowledge and approval. The will-maker knew and approved the contents and acted voluntarily, free of undue influence or fraud.
One point catches families out. If a witness, or that witness's spouse or civil partner, is left something in the will, the will stays valid but that gift is void under section 15 of the Wills Act 1837. The document is still proved; the beneficiary simply loses the legacy.
How does the Probate Registry check a will is valid?
The Probate Registry checks validity mainly from the face of the document. When you apply you send the original will, never a photocopy, and confirm the facts in a statement of truth. Since the Non-Contentious Probate (Amendment) Rules 2018, that signed statement replaced the sworn affidavit or oath applicants used to swear before a solicitor.
- Send the original will and any codicil. Submit them with the PA1P application. Do not staple, unpin, mark, fold or attach anything to the will, as any sign of tampering can prompt questions.
- The Registry examines the document. Staff check the signatures, the attestation clause, the date, any alterations, and whether the will looks complete and undamaged.
- You verify the facts by statement of truth. The executor confirms the details of the will and the estate in a signed statement, which carries legal consequences if it is untrue.
- If all is in order, the grant issues. The Registry admits the will to proof and issues the grant of probate. This is proving in common form.
- If something raises doubt, evidence is requested. The Registry pauses and asks for a short statement or other proof before it will issue the grant, as set out next.
What can make the Probate Registry question a will?
Most queries come from what the will physically shows, not from family arguments. A missing attestation clause, handwritten changes, staple holes, or a page that looks separated can all prompt the Registry to ask for evidence before issuing the grant. Each has a standard fix, usually a short witness statement rather than a court case.
| What the Registry sees | Why it raises doubt | Evidence usually needed |
|---|---|---|
| No attestation clause, or a defective one | Nothing on the will confirms the signing followed the Wills Act 1837 | An affidavit or statement of due execution from a witness (Non-Contentious Probate Rules 1987, rule 12) |
| Handwritten changes, crossings-out or interlineations | Only changes made before signing take effect, and the timing is unclear | A statement confirming when and how the alteration was made |
| Staple holes, pin marks or an indentation | Suggests another document was once attached and may be missing | An explanation of what was attached and why it was removed |
| Damage, or a page that looks missing | The will may be incomplete or partly revoked | A statement accounting for the condition and completeness |
| Only a copy survives, the original is lost | The Registry cannot examine the signed original | An application to prove a copy, form PA13, with supporting evidence |
| Doubt over the will-maker's capacity | Validity depends on the Banks v Goodfellow test being met | Medical evidence or a witness statement on the will-maker's understanding |
Sources: gov.uk/wills and the Non-Contentious Probate Rules 1987. Requirements can change, and a Registry may ask for more depending on the case.
Common form or solemn form: how is a contested will proved?
Almost every will is proved in common form: accepted on the paperwork, with no hearing. A will is proved in solemn form only when its validity is disputed, for example a claim of lack of capacity or undue influence. Solemn form is a court process, and once a will is proved that way it is much harder to reopen later.
| Common form | Solemn form | |
|---|---|---|
| When it is used | Routine estates, no dispute | Validity is questioned or contested |
| What happens | Documentary check, verified by statement of truth | A formal claim in the High Court, with evidence and witnesses |
| Who decides | The Probate Registry | A judge |
| Can it be reopened | A grant can be revoked if a later challenge succeeds | Very hard to reopen once proved this way |
Anyone who believes a will may be invalid can enter a caveat, which pauses the issue of a grant for six months and is renewable. A caveat is often paired with a request to the will-writer for their file and notes, known as a Larke v Nugus request, so concerns can be looked into before matters go further.
What happens if a will is not valid?
If a will cannot be proved valid, it is set aside, and the estate passes under the previous valid will, if there is one, or under the rules of intestacy. Intestacy sets a fixed order of who inherits, and an unmarried partner receives nothing, so an invalid will can produce an outcome the person never wanted (gov.uk, intestacy rules, as at August 2026).
Proving the will and paying any tax are separate steps. Inheritance tax may still be due before or alongside the grant, charged at 40% above the available thresholds, with the nil-rate band held at £325,000 and frozen until 5 April 2031 (gov.uk, as at August 2026, subject to change). Our guide to inheritance tax sets out how the bands work.
Most validity problems are avoidable at the drafting stage. A clear attestation clause, correct witnessing, and safe storage of the original remove the common triggers for a query. See how to write a will and our overview of what probate involves for the wider picture.
Frequently asked questions
These are the questions families ask most often when proving a will is valid at probate: who applies to the Registry, whether a copy will do in place of the original, what an affidavit of due execution is, how a witness who is also a beneficiary is treated, and whether a grant can be challenged after it is issued. Each answer reflects the law of England and Wales as at August 2026.
Who proves that a will is valid at probate?
The executor named in the will normally applies, usually on form PA1P, and the Probate Registry decides whether to accept the will. In routine cases neither a solicitor nor a court hearing is involved, because the Registry checks validity from the document and the executor's statement of truth.
Do you need the original will, or is a copy enough?
You need the original will, not a photocopy, and you should avoid marking or attaching anything to it. If the original is lost, you may be able to prove a copy using form PA13, supported by evidence that explains what happened to the original and why the copy should be accepted.
What is an affidavit of due execution?
It is a statement, usually now a statement of truth, from someone who witnessed the signing, confirming the will was signed correctly. The Probate Registry asks for one where the attestation clause is missing or defective, or where there is doubt about how the will was signed, under rule 12 of the Non-Contentious Probate Rules 1987.
Is a will still valid if a witness was also a beneficiary?
Yes, the will remains valid and can be proved. However, under section 15 of the Wills Act 1837, a witness who is a beneficiary, or whose spouse or civil partner is a beneficiary, loses that gift. The rest of the will still stands, so the document is accepted but the affected legacy fails.
Can a will be challenged after probate has been granted?
Yes. A grant made in common form can be revoked if a later challenge to validity succeeds, which is one reason disputed wills are often proved in solemn form instead. Anyone with concerns can enter a caveat to pause a grant for six months, renewable, while the position is looked into.