A will is proved valid at probate when the Probate Registry accepts it as the true last will of the person who has died and issues a grant of probate to the executors. In practice that means the document is shown to have been signed and witnessed correctly under the Wills Act 1837, and made by someone who had the mental capacity and the intention to make it.
"Proving" a will is not a court hearing in most cases. It is an administrative process run by HM Courts and Tribunals Service (HMCTS). This guide explains what the Registry looks for, when a will can be accepted on its face, when extra evidence is asked for, and how the validity of a will can be questioned. It covers England and Wales, with differences flagged for Scotland and Northern Ireland. Figures are current as at August 2026 and are subject to change.
What "proving a will" means
Proving a will is the step that confirms which document stands as the final, valid will, and gives the named executors legal authority to deal with the estate. That authority comes in the form of a grant of probate. Until the grant is issued, banks, registrars and other institutions will often not release or transfer assets.
The word comes from the old practice of the executor "proving" the will on oath at the Registry. Since 2018 the executors confirm the details through a signed statement of truth rather than by swearing an oath, but the purpose is the same: to satisfy the Registry that the will in front of it is genuine and was properly made (gov.uk, applying for probate, as at August 2026, subject to change).
What makes a will valid
The formal rules for a valid will in England and Wales come from section 9 of the Wills Act 1837. Most wills prepared with proper drafting meet these requirements as a matter of course. The person making the will (the testator) must also be aged 18 or over and have the mental capacity to make it (gov.uk, make a will, as at August 2026, subject to change).
| Requirement | What it means in practice |
|---|---|
| In writing | The will is a written document. A purely verbal wish is not enough. |
| Signed by the testator | Signed by the person making it, or by someone else in their presence and at their direction. |
| Signed with intention | The signature is made intending to give effect to the will. |
| Two witnesses present together | The testator signs, or acknowledges an existing signature, in front of two witnesses who are present at the same time. |
| Witnesses sign | Each witness then signs, or acknowledges their signature, in the presence of the testator. |
Source: Wills Act 1837, section 9, legislation.gov.uk, as at August 2026, subject to change.
One point that often causes problems: a witness, or the spouse or civil partner of a witness, should not be a beneficiary. If they are, the will can still be valid, but any gift to that witness usually fails under section 15 of the Act. A properly drafted will and independent witnesses avoid this. If you are reviewing your own arrangements, our guide on how to write a will sets out the signing and witnessing steps in more detail.
The attestation clause and the presumption of due execution
Most professionally drafted wills end with an attestation clause, a short paragraph recording that the will was signed and witnessed in the correct way. Where this clause is present, the Registry generally applies a presumption of due execution, meaning it treats the will as properly signed without asking for further proof. This is one reason the attestation clause matters so much: it lets a straightforward will be accepted on its face.
Where the clause is missing, unclear, or the layout of the signatures raises a question, the presumption may not apply and the Registry can ask for supporting evidence before it accepts the will.
How the Probate Registry checks a will
The executors apply for the grant using form PA1P (the application where there is a will) or online, and send the original will to the Registry. The Registry examines the original document, not a copy, because marks, staple holes, alterations or missing pages can all raise questions about whether the will is complete and unaltered.
In a routine case the Registry checks that the will is the last one, that it is signed and witnessed, that any attestation clause is in order, and that the people applying are the correct executors. It then issues the grant. You can read more about the wider process in our guide to what probate is and how it works. The main fees are set out below.
| Item | Fee (England & Wales) |
|---|---|
| Applying for probate, estate over £5,000 | £526 |
| Applying for probate, estate £5,000 or less | No fee |
| Extra copies of the grant, ordered with the application | £2 each |
| Caveat to pause a grant (form PA8A) | £4 |
Sources: gov.uk, probate fees and gov.uk, stop a probate application, as at August 2026, subject to change.
When extra evidence is needed
Sometimes a will cannot simply be accepted on its face, and the Registry asks the executors to provide more. Common situations include:
- No attestation clause, or a defective one. The Registry may ask for a witness statement of due execution (historically an affidavit) from a witness or another person who was present, confirming how the will was signed.
- Alterations, marks or missing pages. Handwritten changes, obliterations or signs that a page or staple has been removed may need an explanation before the will is accepted.
- The original will cannot be found. If only a copy survives, the Registry can require evidence to rebut the presumption that a missing will was deliberately destroyed and revoked. These applications are more involved.
- Doubt over the date, capacity or condition of the will. The Registry may seek further information before deciding whether to admit the will to probate.
These are general examples rather than a checklist for any particular estate, and the evidence a Registry accepts depends on the facts. Where an estate carries a possible tax liability as well, our guide to inheritance tax explains how the numbers fit alongside the grant.
How a will's validity can be challenged
A will can be questioned by someone who believes it is not valid, or that a later or earlier will should stand instead. The main grounds recognised in England and Wales are:
- Improper execution. The will was not signed or witnessed as section 9 requires.
- Lack of testamentary capacity. The person did not have the mental capacity to understand what they were doing when they made the will.
- Lack of knowledge and approval. The person did not know of and approve the contents.
- Undue influence. The will was made because of coercion rather than the person's own free choice.
- Fraud or forgery. The will, or a signature on it, is not genuine.
- Revocation. The will was cancelled, for example by a later will or, in most cases, by the person marrying after making it.
Someone who wants to pause a grant while they look into a concern can enter a caveat using form PA8A. A caveat costs £4, stops a grant being issued, and lasts for six months, after which it can be extended (gov.uk, stop a probate application, as at August 2026, subject to change). A caveat is a serious step and disputes of this kind are usually a matter for specialist contentious probate advice.
Scotland and Northern Ireland
This guide describes the law of England and Wales. Scotland has a separate system: the equivalent of a grant is called confirmation, obtained through the sheriff court, and the formal rules for signing a will differ. Northern Ireland has its own probate process, broadly similar to England and Wales but administered separately. If a will or an estate touches more than one of these jurisdictions, the rules for proving it can differ, and separate advice in each may be worth taking.
- A will is proved when HMCTS accepts it and issues a grant of probate (gov.uk).
- Validity rests on section 9 of the Wills Act 1837: in writing, signed, and witnessed by two people present together (legislation.gov.uk).
- Applying for probate costs £526 for an estate over £5,000, with no fee at £5,000 or less (gov.uk).
- You will usually receive a grant within 12 weeks of submitting your application (gov.uk).
- A caveat to pause a grant costs £4 and lasts six months (gov.uk).
Frequently asked questions
What does it mean to prove a will at probate?
Proving a will means satisfying the Probate Registry that a document is the genuine last will of the person who died and was properly made, so that a grant of probate can be issued to the executors. In most cases this is an administrative check rather than a court hearing. Figures and rules are current as at August 2026 and subject to change (gov.uk).
How does the Probate Registry decide a will is valid?
The Registry examines the original will and checks that it is signed and witnessed as section 9 of the Wills Act 1837 requires, that any attestation clause is in order, that it appears to be the last will, and that the correct executors are applying. Where an attestation clause is present it generally applies a presumption of due execution (legislation.gov.uk, as at August 2026, subject to change).
What is an affidavit of due execution?
It is a sworn statement, now usually a witness statement, from a witness or another person who was present, confirming how a will was signed and witnessed. The Registry may ask for one where a will has no attestation clause or where the way it was signed is unclear, before deciding whether to accept the will (gov.uk, as at August 2026, subject to change).
Can a will be rejected at probate?
A will can be refused or held up if it does not meet the signing and witnessing rules, if the original cannot be produced, or if there is unresolved doubt about how or when it was made. In some cases the Registry asks for further evidence rather than refusing outright. Where validity is genuinely disputed, the matter can move into contentious probate. This is general information, not advice on any particular estate (gov.uk, as at August 2026, subject to change).
How can I challenge the validity of a will?
Someone with a potential interest can enter a caveat using form PA8A to pause a grant while they investigate. A caveat costs £4 and lasts six months. Grounds for challenging a will include improper execution, lack of capacity, lack of knowledge and approval, undue influence, fraud and revocation. Disputes of this kind are usually a matter for specialist advice (gov.uk, as at August 2026, subject to change).
How long does it take to prove a will?
You will usually receive a grant of probate within 12 weeks of submitting your application, and some are completed sooner. Cases that need extra evidence, or where a caveat has been entered, can take longer (gov.uk, as at August 2026, subject to change).