Will Validity Doesn’t Depend On Speaking The Language

Even if a person does not speak the English language, they can still create a will and its validity will not be affected.

A recent real example shows why this is the case:

A Gujarati woman living in the UK spoke Gujarati, but did not speak English. When she wanted her will to be written, a family friend translated her intentions to a will writer who spoke English but not Gujarati. In the will she outlined that her £200,000 estate be split amongst her four sons.

The Gujarati woman’s daughters launched a contested probate claim arguing that because her will was prepared using a translator, and said that she did not understand the implications of this decision, and meant to split her estate between all seven of her children.

However, the Judge ruled in favour of the existing will, and said that the evidence showed that she knew and approved of the contents of her will.

So, therefore as long as a person understands and approves of the provisions made in their will, they can create a valid will under English law, even if they do not speak any English.

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