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Caveat

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
148 replies 37.7K views
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  • getmore4lessgetmore4less Forumite
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    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
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    And again, the point of being a witness is to attest that the person signing their will knows and understands what is in it, and that they weren't under any coercion. Otherwise she shouldn't have witnessed, unless she too was being coerced (and that wouldn't necessarily mean that the person forcing the coercion had to be present in the room anyway).

    The witness is to witness that the signature is by the testator.

    That's all.
  • troubleinparadisetroubleinparadise Forumite
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    The witness is to witness that the signature is by the testator.

    That's all.

    You're right. I've overstated the role of the witness.

    It would be the solicitor who should be satisfied that the testator knew of and understood the will they were signing.
  • edited 8 February 2014 at 2:23PM
    freda11freda11 Forumite
    236 posts
    edited 8 February 2014 at 2:23PM
    after reading through it for the umpteenth time, she is implying my husband was in the room with dad and solicitor all the time, she wasn't sure what they were doing but they were probably going through the will! That is so not true!


    Signing and Witnessing the Will

    Once the Will has been drawn up, it is not effective until it has been signed in the presence of two witnesses. The witnesses are required to confirm the signing is completed by you and without any pressure from anyone else. The witnesses do not have to read the Will, and any clauses in the Will can be covered over with a sheet of paper if required. There are several rules regarding this process, which, if not followed correctly, will make your Will invalid. In order to make sure that the Will is signed and witnessed in the correct manner you should ensure that:
    • You and two adult witnesses are all present in the same room before any signing begins.
    • Both witnesses should be eighteen years old or over.
    • You sign first followed by each witness.
    • The witnesses are likely to be traceable if required when you die.
    • The witness is not blind.
    • The witness is capable of understanding what they are doing.
    • The witnesses are not beneficiaries of the Will.
    • Each witness signs with his/her usual signature, followed by his/her printed name, address and occupation.
    • No one leaves the room before the signing is complete.


    Can't see anything about no one else being in the room, and all the above is what happened.
  • madbadrobmadbadrob Forumite
    1.3K posts
    As we have said there is no restrictions on who can be in the room so long as the two people who witness the will do so together along with the testator signing at the same time.

    I suppose they could argue if someone else was there that the testator could have been pressured but the witnesses could argue that wasnt the case

    Rob
  • freda11freda11 Forumite
    236 posts
    thanks Rob, you lot on here have kept me sane through all this! thankfully she says he was of sound mind and had not been pressured/coerced, as he was a stubborn man and would not have done anything he didn't want to!
  • freda11freda11 Forumite
    236 posts
    Update: still nothing from the other side! We now have all witness statements and all state dad was of sound mind. Even the 'medical' people have stated this too. Solicitor has now instructed a barrister and she is applying for directions. Will the other side be informed by the court when this happens and then have a chance to put their side or could the judge just decide there is no case to answer to? The other side have badically forced our hands to do this. If we don't do this then nothing would be done. Surley if they had any evidence they would of come forward with it by now, or maybe he has no money to pay a solicitor?? We have had only 2 letters since the begining of December!
  • madbadrobmadbadrob Forumite
    1.3K posts
    Freda

    Yes the other side will be informed and it could end as soon as they do. If they not replying its possible that the solicitor is not bein paid but I would have thought they would have wrote to say they were no longer acting for them

    Rob
  • freda11freda11 Forumite
    236 posts
    Had a letter from them now saying their client will not accept the derisory offer and they are taking his instructions and will be seeking advice from counsel in due course.
    Cheeky sod this offer was withdrawn weeks ago!!
  • madbadrobmadbadrob Forumite
    1.3K posts
    Let them seek counsel. I would never have made the offer in the first place but as you did you now have the fight you was trying to avoid. If you lose this could wipe out the inheritance anyway

    Rob
  • freda11freda11 Forumite
    236 posts
    It was our solicitor who advised us to make the offer. She said the courts look in favour if u seem to try n resolve before taking court action. We withdrew offer before he acknowledged it as he took too long. I presume by him seeking counsel that means he is starting court action? Tbh i think he is bluffing, trying to make us panic and up the offer, which we wont. We never wanted to offer in the first place.
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