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  • FIRST POST
    • misspointy
    • By misspointy 3rd Oct 17, 10:47 PM
    • 173Posts
    • 238Thanks
    misspointy
    Is this will valid?
    • #1
    • 3rd Oct 17, 10:47 PM
    Is this will valid? 3rd Oct 17 at 10:47 PM
    Hi everyone,

    I'm looking for some advice please regarding the validity of a will. My Mum died recently and had, a few years ago, gave me her will to look after. It is handwritten by her, dated and signed for by two witnesses. But, Mum never named me as her executor.
    I was her NOK and Power of Attorney after she lost her husband. I have one brother who had fallen out with Mum years ago.

    I was planning on applying for probate myself to save pennies but don't want to go to all that effort if the will isn't valid. As I looked after Mum and the will was given to me to keep I know she would want me to sort her estate out.

    Any advice on what I should do?

    Thanks
Page 1
    • Yorkshireman99
    • By Yorkshireman99 3rd Oct 17, 11:05 PM
    • 3,173 Posts
    • 2,497 Thanks
    Yorkshireman99
    • #2
    • 3rd Oct 17, 11:05 PM
    • #2
    • 3rd Oct 17, 11:05 PM
    Hi everyone,

    I'm looking for some advice please regarding the validity of a will. My Mum died recently and had, a few years ago, gave me her will to look after. It is handwritten by her, dated and signed for by two witnesses. But, Mum never named me as her executor.
    I was her NOK and Power of Attorney after she lost her husband. I have one brother who had fallen out with Mum years ago.

    I was planning on applying for probate myself to save pennies but don't want to go to all that effort if the will isn't valid. As I looked after Mum and the will was given to me to keep I know she would want me to sort her estate out.

    Any advice on what I should do?

    Thanks
    Originally posted by misspointy
    If the will is corectly signed and dated with two witnesses it should be valid. You can apply for letters of administration with the will annexed.
    • Keep pedalling
    • By Keep pedalling 4th Oct 17, 12:18 AM
    • 3,766 Posts
    • 4,029 Thanks
    Keep pedalling
    • #3
    • 4th Oct 17, 12:18 AM
    • #3
    • 4th Oct 17, 12:18 AM
    Having no executor named does not make it invalid, but as it is a DIY job it might contain errors. To put your mind at rest it might be worth get the will checked out be a solicitor, especially if your brother is likely to challenge it.
    • Yorkshireman99
    • By Yorkshireman99 4th Oct 17, 2:42 AM
    • 3,173 Posts
    • 2,497 Thanks
    Yorkshireman99
    • #4
    • 4th Oct 17, 2:42 AM
    • #4
    • 4th Oct 17, 2:42 AM
    Why not just submit it to probate? The Probate Office wil check it anyway. No need to incur solicitor’s fees.
    • jackyann
    • By jackyann 6th Oct 17, 3:39 AM
    • 3,161 Posts
    • 6,384 Thanks
    jackyann
    • #5
    • 6th Oct 17, 3:39 AM
    • #5
    • 6th Oct 17, 3:39 AM
    Yes, that's what I'd do, take it to the Probate Office, and follow their advice - they will tell you if other legal advice is needed.
    • Margot123
    • By Margot123 6th Oct 17, 8:33 AM
    • 119 Posts
    • 83 Thanks
    Margot123
    • #6
    • 6th Oct 17, 8:33 AM
    • #6
    • 6th Oct 17, 8:33 AM
    Submit it to Probate. The fee will be less than a solicitor would charge for providing you with advice. If the Probate Office need more information they will contact you, and their advisers are very helpful (and free!).
    Considering the changes that are coming in with regard to online wills, I can't see there being an issue with a will written on ordinary paper without the fancy Latin.
    • Nicki
    • By Nicki 6th Oct 17, 4:18 PM
    • 7,532 Posts
    • 26,342 Thanks
    Nicki
    • #7
    • 6th Oct 17, 4:18 PM
    • #7
    • 6th Oct 17, 4:18 PM
    Did she name anyone as executor or did she just leave that out? If she did name an executor which is not you, I think they need to renounce before you can proceed.
    • TBagpuss
    • By TBagpuss 6th Oct 17, 9:20 PM
    • 5,965 Posts
    • 7,713 Thanks
    TBagpuss
    • #8
    • 6th Oct 17, 9:20 PM
    • #8
    • 6th Oct 17, 9:20 PM
    for a will to be valid, it has to be:
    - In writing
    - Signed by the testator in the presence of 2 witnesses
    - Signed by 2 witnesses in the presence of each other and of the testator

    There may be errors in the will which could effect whether it means what your mum intended, but if it fits those criteria it will be valid.
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