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Question about my Will
Katykat
Posts: 1,743 Forumite
Me and OH changed our wills 6 yrs ago reflecting that we had changed the house from Joint tenants to tenants in Common. We used a local firm advertised as **** Legal Services. Everything seemed in order and the witnesses to our signatures was the solicitor who drew up the documents and a family friend. We have recently been "tidying up" our documents and noticed something about both the wills that we don't know whether to be concerned about. Nowhere on the wills is there an official stamp from the solicitor. Also, where he has witnessed our signatures, he has just signed his given name and home address, not his occupation or the fact that he is the person who has drawn up the will. Bearing in mind that anyone can write a will, I am not overly concerned but OH is twitchy about it. Any thoughts?
:smileyhea A SMILE COSTS ABSOLUTELY NOTHING
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Comments
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Presumably the witnesses or their spouses in no way stand to benefit as a result of your deaths ? In other words the witnesses are just stating they were there and will confirm the details of the signing.
Is there any chance of someone wanting to challenge this will as the solicitor has one less witness to say that no undue pressure was exerted over the signing of the will ?.0 -
Thanks for reply JP, but I,m not sure what you mean. I,m not concerned about anyone challenging the will, just whether a will needs an official stamp for it to be valid.:smileyhea A SMILE COSTS ABSOLUTELY NOTHING0
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Since you can draw up a legal will with a form from the post office or WH Smiths, (although it's rarely a good idea) there is no "official stamp" in the UK that makes a will valid, invalid, good, or bad.
If your OH is worrying about the stamp, point him at a librarian.
If your OH is worrying about the will, ring around solicitors & see what their rates are.0 -
The official stamp that makes a will valid is on the probate document that is issued after death and you've gone through all the formalities
Prior to that - no stamp needed. Indeed it's arguable (maybe tenuously) that one could invalidate the will0 -
for the will to be valid, all it it needs is:
1. To be in writing
2. to be signed by the testator
3. signed by 2 witnesses in the presence of the testator and of each other.
there's no need for any stamp and I can't recall ever having seen a will with one on (until after probate)
that said, it's always sensible to review your wills regularly to make sure they are up to date.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
View the latest episode of "Downton Abbey" for an example ?.0
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Thank you folks, he feels much better about it now:smileyhea A SMILE COSTS ABSOLUTELY NOTHING0
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