Invalid will?

homerhotspur

My mother recently passed away and we are in the midst of probate proceedings. Her will was of the ' home made' variety from a pack and was rejected on the grounds that the witness declarations were incomplete( it appears the wording was slightly incorrect). It seems we can resolve this problem by getting my Father to sign a form confirming he is happy for the will to be proved in its current form - as he would be entitled to the estate otherwise.

I am now concerned that my father's will is also a bit 'suspect' for the same reason. What would happen if he died and his will was considered invalid. From what I can see, the proceeds would go to the children equally under the intestacy rules which would be ok anyway. Is this correct or should we get a new Will done?

McKneff

If your dads will is the same as your mums, it too would be ruled invalid. Intestacy rules would apply, as long as you are in England.

Scottish intestacy rules are different.

Will Aid month is coming up and free wills are available for a donation from the will.

Give Age UK a ring or look on their website..

It is all too easy to invalidate a will, as you have learned. Get it done properly and its water tight.

Sorry about your mum.....

Miss_Havisham

Just a comment about your Dad's will, hope it doesn't upset you.

When I made my will the solicitor suggested I also set up an Enduring Power of Attorney which means that if I get to the stage where I can't manage my own affairs, the person/people I nominated can apply to court to get power of attorney. This is much quicker and easier than them starting from scratch if the need arises. It doesn't give them POA immediately, just puts everything in place ready just in case. I did this because I am on my own and would need that sort of help if worst comes to worst.

Miss H xx

daska

You can no longer make a new Enduring PoA. The new format is a Lasting PoA.

Alzheimer's Society factsheet HERE

Official Forms and Guidance (justice.gov.uk) HERE