Probate and unsigned will?

tommoturbo

Hello there wondered if anyone can help with this conundrum, My Mother passed away recently and left a will that was signed by two witnesses but she hadnt signed it!.

I applied for a grant of probate and included the will and all paper work and got a response today telling me there where two issues,
1 the will was not signed
2 they needed an affidavit signed a witness to verify the will was my mam's

the problem i have is the only witness still alive is in her 90's and house bound, the probate office want her to attend a solicitors or local office to complete paperwork, Due to her being in ill health i dont want to put her through hassle of doing this.

The probate office have told me it will have to go "higher up" to management to decide what action to take.

Im wondering what this "action " might be quite worried that such a small, straightforward will has now become quite complicated.

any advice greatly appreciated.

Regards Ian

cabbage

Hi

Many solicitors do house calls for the elderly or infirm.

madbadrob

The will is technically void because the testatrix didnt sign the will. Therefore if they get a sworn affidavit from the witness or witnesses they pass it to management to make a decision as in the future someone could contest that decision. If the will is not accepted the estate becomes intestate and then passes to your late mothers husband if she has one if not it then goes to yourself and your siblings.

The fact they want the sworn affidavit is good but I suspect they will rule the will invalid.

On another note is their an older will that is signed etc? If so that will would take precedent over intestacy
Rob

Flugelhorn

A relative of mine did exactly the same - unsigned will with signatures of witnesses - leaving everything to one child.

It was ultimately treated as intestate with all the beneficiaries (5 children) signing a deed to the effect that they agreed to the wishes in the unsigned will.

tommoturbo

Thank you all for the responses, its put my mind at rest as to what will happen if the decision is for the will to go to intestate.


Kind Regards Ian

Mojisola

Would people who sign as witnesses to a signature that wasn't there be considered competent?

madbadrob

Mojisola wrote: »

Would people who sign as witnesses to a signature that wasn't there be considered competent?

I would say that this would invalidate the will. To sign that you saw someone sign a will that wasnt signed would call into integrity of the person in general plus the will writer whether a solicitor or a will writing firm
Rob

Mojisola

tommoturbo wrote: »

Hello there wondered if anyone can help with this conundrum, My Mother passed away recently and left a will that was signed by two witnesses but she hadnt signed it!.

I applied for a grant of probate and included the will and all paper work and got a response today telling me there where two issues,
1 the will was not signed
2 they needed an affidavit signed a witness to verify the will was my mam's

madbadrob wrote: »

I would say that this would invalidate the will. To sign that you saw someone sign a will that wasnt signed would call into integrity of the person in general plus the will writer whether a solicitor or a will writing firm.

This would be my feeling. My witnesses didn't see anything of my will - just the last page where I signed and they signed.

They couldn't swear that anything other than the page they signed was part of my will and they know nothing about the contents.

tommoturbo

As it turns out its going to be referred to the manager and he will decide which route it will go down. they couldnt give me any more details than that. The witness they got in touch with couldnt provide enough information to verify the the will and the other witness is nowhere to be found?

getting a bit worried now!

Mojisola

tommoturbo wrote: »

As it turns out its going to be referred to the manager and he will decide which route it will go down. they couldnt give me any more details than that. The witness they got in touch with couldnt provide enough information to verify the the will and the other witness is nowhere to be found?

getting a bit worried now!

Unless there is an earlier, signed will still in existence, I would expect to have go follow the intestacy rules.

https://www.tollers.co.uk/system/docs/178/original/Rules%20of%20Intestacy%20Flowchart.pdf

Flugelhorn

My relative's will was all signed by her equally elderly friends who obviously hadn't realised that they were supposed to be witnessing her signature - fortunately there was not much money and no arguments, could have been dire though if she was wealthy and people felt they were missing out. We did need probate for it - value too low.