Written out of my father's will - so sad!

thorsoak · 10 January 2010 at 3:29PM

far2812 wrote: »

The weird thing is that my siblings also signed the will! This is why I believe it was done without the solicitor seeing my father. Why would they sign this otherwise?

Now that is interesting ......I have always understood that anyone likely to benefit under a will could not witness it - such witnessing would invalidate the will.

Is this still the case?

Errata · 10 January 2010 at 4:00PM

Far - read this, plenty of info on invalidity of beneficiaries witnessing a will on many sites on the net

Who can be a witness?
Anyone who:
Is not blind

Is capable of understanding the nature and effect of what they are doing

However, a witness should not be:
A beneficiary in the will; or

Married to, or be the civil partner of, a beneficiary

In these circumstances the will remains a valid and legal document, but the gift to the beneficiary cannot be paid

daska · 10 January 2010 at 4:45PM

So who benefits if your siblings can't? Are you specifically excluded from benefiting or are you just not named? Looks as if they've spiked their own gun.

tandraig · 10 January 2010 at 7:23PM

sounds to me as if the second will was a 'home made' affair. if the siblings signed it as witnesses then this indicates coercion to me. also, they cannot now benefit from it. your solicitor should be pushing for the first will to be the one 'proved' even though it would ultimately benefit your siblings. if all wills are found to be invalid then you would all benefit equally anyway!

far2812 · 10 January 2010 at 7:54PM

Where they have signed it says "Executors" but it still proves that they were there!

There's so many odd things to this case - when I first rang the solicitor (because I knew he had dealt with mum and dad's will) - I was ringing him to see if he was dealing with probate, he TOLD me that I was a beneficiary - then about 2 weeks later, he sent me a letter referring me to my siblings saying that I was NOT a beneficiary! ]

There's is just something really fishy going on here!

thorsoak · 10 January 2010 at 8:08PM

Executors do not sign a will ! This is an extremely dodgy document and I suggest you take a copy of it to a solicitor who really knows about wills & probates - or even to the probate office.

far2812 · 10 January 2010 at 8:13PM

That's what I've just thought - I have been looking all over on the internet.

Would there be any valid reason why they would sign Dad's will?

In theory to me - it shows that they were witnesses to the will which like Tandraig says, would take away their right to inherit from it.

I am seeing my solicitor tomorrow but to be honest - it's all the advice from here that I am passing on to him!

There is the solicitor's signature and his secretary's signature on the document too.

I REALLY appreciate all this advice!

Errata · 10 January 2010 at 8:15PM

I agree that executors don't sign a will. The last thing that happens to a will is that it is signed and witnessed. If anything is added to it after this, it may (I'm not sure on this point) make the will invalid.

tandraig · 10 January 2010 at 8:33PM

who is YOUR solicitor hun? I hope it isnt anyone connected to previous wills unless its the first one.

errata - you can add codicils to a will - but they have to be properly signed and witnessed too.

far2812 · 10 January 2010 at 8:45PM

No it is a completely separate solicitor in Nottingham.....why do you ask Tandraig?

Written out of my father's will - so sad!

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