Is this will valid?

misspointy

Hi everyone,

I'm looking for some advice please regarding the validity of a will. My Mum died recently and had, a few years ago, gave me her will to look after. It is handwritten by her, dated and signed for by two witnesses. But, Mum never named me as her executor.
I was her NOK and Power of Attorney after she lost her husband. I have one brother who had fallen out with Mum years ago.

I was planning on applying for probate myself to save pennies but don't want to go to all that effort if the will isn't valid. As I looked after Mum and the will was given to me to keep I know she would want me to sort her estate out.

Any advice on what I should do?

Thanks

Yorkshireman99

misspointy wrote: »

Hi everyone,

I'm looking for some advice please regarding the validity of a will. My Mum died recently and had, a few years ago, gave me her will to look after. It is handwritten by her, dated and signed for by two witnesses. But, Mum never named me as her executor.
I was her NOK and Power of Attorney after she lost her husband. I have one brother who had fallen out with Mum years ago.

I was planning on applying for probate myself to save pennies but don't want to go to all that effort if the will isn't valid. As I looked after Mum and the will was given to me to keep I know she would want me to sort her estate out.

Any advice on what I should do?

Thanks

If the will is corectly signed and dated with two witnesses it should be valid. You can apply for letters of administration with the will annexed.

Keep_pedalling

Having no executor named does not make it invalid, but as it is a DIY job it might contain errors. To put your mind at rest it might be worth get the will checked out be a solicitor, especially if your brother is likely to challenge it.

Yorkshireman99

Why not just submit it to probate? The Probate Office wil check it anyway. No need to incur solicitor’s fees.

jackyann

Yes, that's what I'd do, take it to the Probate Office, and follow their advice - they will tell you if other legal advice is needed.

Margot123

Submit it to Probate. The fee will be less than a solicitor would charge for providing you with advice. If the Probate Office need more information they will contact you, and their advisers are very helpful (and free!).
Considering the changes that are coming in with regard to online wills, I can't see there being an issue with a will written on ordinary paper without the fancy Latin.

Nicki

Did she name anyone as executor or did she just leave that out? If she did name an executor which is not you, I think they need to renounce before you can proceed.

TBagpuss

for a will to be valid, it has to be:
- In writing
- Signed by the testator in the presence of 2 witnesses
- Signed by 2 witnesses in the presence of each other and of the testator

There may be errors in the will which could effect whether it means what your mum intended, but if it fits those criteria it will be valid.