Will signatories

treefern

Just a quick question about wills.

My mother’s will was made in 1993 after the death of myfather.

She has the signatures of 2 witnesses on the will, but oneof the witnesses has since died.

I presume this is OK, or would she need a repeat signing?

All views are appreciated.

LutonGirl

The now deceased person was present at the time to witness your Mother actually signing the will, so I am sure that the signature still stands even after a witness has died.

treefern

Malcnascar wrote: »

The death of a witness does not necessarily invalidate a will.

Many thanks for this.

In fact we are on friendly terms with the surviving signatory, so I don't envisage any problems.

troubleinparadise

At the outset of probate proceedings, if the witnesses have not survived, the executor will be required to produce proof that the original witness signatures were valid, as well as proof of the witnesses' deaths. Clearly this can be difficult; there is no cohesive guidance on the nature of this proof of validity, although proof of death is easy to produce. As such, rather than tempting fate you should consider the likelihood of anyone challenging the content of you will and whether you should make a new on with new witnesses.

I'm confused - who checks that the witnesses to the signature on a will are still alive when the will of the now deceased testator is presented for probate?

As an executor, I applied for Probate after my mum's death, but didn't have to prove, or fill out anything on the application, that either of the witnesses were still alive - indeed, I have no idea who they were anyway.

Does the Probate office check that out?

Torry_Quine

troubleinparadise wrote: »

I'm confused - who checks that the witnesses to the signature on a will are still alive when the will of the now deceased testator is presented for probate?

As an executor, I applied for Probate after my mum's death, but didn't have to prove, or fill out anything on the application, that either of the witnesses were still alive - indeed, I have no idea who they were anyway.

Does the Probate office check that out?

That's what I wondered. When my relative died recently there were no questions about the witness (only one needed in Scotland) and I have no idea about them.

Mojisola

troubleinparadise wrote: »

I'm confused - who checks that the witnesses to the signature on a will are still alive when the will of the now deceased testator is presented for probate?

As an executor, I applied for Probate after my mum's death, but didn't have to prove, or fill out anything on the application, that either of the witnesses were still alive - indeed, I have no idea who they were anyway.

Does the Probate office check that out?

I don't think it would ever be an issue unless someone was challenging the will by saying that it wasn't properly witnessed or that the witnesses weren't competent or something similar. In that case, the witnesses could be interviewed to make sure everything was done properly.

madbadrob

Mojisola wrote: »

I don't think it would ever be an issue unless someone was challenging the will by saying that it wasn't properly witnessed or that the witnesses weren't competent or something similar. In that case, the witnesses could be interviewed to make sure everything was done properly.

I 100% concur with this. Witnesses are just there if upon the testator/ix death a beneficiary or someone who believes they should be in the will and are not claim that the will is invalid. If there are no objections to the will and its gifts then there is no need to speak to a witness. I think someone mentioned it earlier that the amount of wills that are challenged in this country is very low

Rob