Probate help

MJones995

I am the executor of will, i have filled out all the forms for HMRC and to probate and sent them off in early January.

Last week the probate office contacted the witnesses with a questionnaire form which they both filled in and returned.
This week both witnesses received a letter from probate with a affidavit for them to sign based on the answers the witnesses gave on the questionnaire. However the affidavit is completely wrong and contradicts what the witnesses filled in on the questionnaire, probate was contacted and they said agreed they had done it wrong and would send out new documents, i do find this of very poor professionalism they clearly never read the questionnaire filled in by the witnesses.

However one of the witnesses (an elderly lady) has panicked from receiving this letter from the high court and further panicked when she saw the affidavit was completely different to the questionnaire she previously filled in, She sent the documents backed and is refusing to have any further dealings with the will/probate and has said she not signing anything. Where do i stand if a witnesses is now refusing the co-operate?

Another issue i don't get is that an affidavit from both witnesses was sent when the application for probate was made and these were in greater detail to the one sent by the probate office.

Yorkshireman99

MJones995 wrote: »

I am the executor of will, i have filled out all the forms for HMRC and to probate and sent them off in early January.

Last week the probate office contacted the witnesses with a questionnaire form which they both filled in and returned.
This week both witnesses received a letter from probate with a affidavit for them to sign based on the answers the witnesses gave on the questionnaire. However the affidavit is completely wrong and contradicts what the witnesses filled in on the questionnaire, probate was contacted and they said agreed they had done it wrong and would send out new documents, i do find this of very poor professionalism they clearly never read the questionnaire filled in by the witnesses.

However one of the witnesses (an elderly lady) has panicked from receiving this letter from the high court and further panicked when she saw the affidavit was completely different to the questionnaire she previously filled in, She sent the documents backed and is refusing to have any further dealings with the will/probate and has said she not signing anything. Where do i stand if a witnesses is now refusing the co-operate?

Another issue i don't get is that an affidavit from both witnesses was sent when the application for probate was made and these were in greater detail to the one sent by the probate office.

I think you need to go back to the Probate Office and make a formal complaint and insist that they write and apologise to the eledrly lady and ask her to complete the forms.

konark

Witnesses to what exactly?.

You are the executor named in the will and your oath will be sworn in front of a solicitor who will meticulously check your ID. You then administer the estate, what do you need a witness for?.
When I have acted as an executor I can't remember any witnesses being needed, other than to a signature.

What did the witnesses say in the questionnaire?
What business is it of theirs anyway ?,
what have they 'witnessed' that they now seem to have to provide affidavits for?
Are these people witnesses to the will, is the legitimacy of the will being questioned?
This sounds more like a car accident than probate!

Tom99

konark wrote: »

Witnesses to what exactly?.

You are the executor named in the will and your oath will be sworn in front of a solicitor who will meticulously check your ID. You then administer the estate, what do you need a witness for?.
When I have acted as an executor I can't remember any witnesses being needed, other than to a signature.

What did the witnesses say in the questionnaire?
What business is it of theirs anyway ?,
what have they 'witnessed' that they now seem to have to provide affidavits for?
Are these people witnesses to the will, is the legitimacy of the will being questioned?
This sounds more like a car accident than probate!

[FONT=Verdana, sans-serif]I think it is the two witnesses to the will who have been contacted.[/FONT]
[FONT=Verdana, sans-serif]What was the problem the Probate Office found with the Will and what did they ask the witnesses to confirm?[/FONT]

MJones995

It is indeed the witnesses to the will.

The problem with the will is that the deceased was elderly (92 at the time) and her handwriting on her signature was shakey. Which i think is ridiculously.

Yorkshireman99

You need to remember that the Probate Office have an obligation to see that the will is valid. Asking witnesses to confirm their signature is quite reasonable.

Tom99

[FONT=Verdana, sans-serif]How well do you know the elderly witness? Would it be possible to explain that the Probate Office have made a silly administrative error which they will put right and send the correct form for her to sign.

[/FONT] [FONT=Verdana, sans-serif]Was the deceased her friend or relative, if so explaining that without her help you may not be able to administer the will in accordance with the friend/relatives wishes may help.

[/FONT] [FONT=Verdana, sans-serif]Is the other witness still willing to sign?[/FONT]

MJones995

The witnesses have confirmed their signatures, this was done with affidavit's that was sent with the probate application. Its more the issue we are going round in circles and the probate office are sending out documentation that is wrong.

I cant say i know the elderly witness that well, i think its just spooked her receiving official letters from the high court and for them to be different to what she previously said had happened. But i will see what happens when probate send through a correct version of the affidavits.

Margot123

Tom99 wrote: »

[FONT=Verdana, sans-serif]How well do you know the elderly witness? Would it be possible to explain that the Probate Office have made a silly administrative error which they will put right and send the correct form for her to sign.

[/FONT] [FONT=Verdana, sans-serif]Was the deceased her friend or relative, if so explaining that without her help you may not be able to administer the will in accordance with the friend/relatives wishes may help.

[/FONT] [FONT=Verdana, sans-serif]Is the other witness still willing to sign?[/FONT]

Very sound advice.

I know it may be difficult, but putting yourself in the lady's shoes will help both you and her.
She is presumably having to deal with bereavement, there may be a fear/dislike of authority based on past experience, she may be ill and the thoughts of dealing with 'The Government' daunting.

MJones995

So probate have sent out new corrected affidavits, well almost. They got the year the will was written/signed wrong, by several years. I despair. Doubt that this will help the situation with the elderly witness.

What happens if one witness signs the affidavit and another refuses for what ever reason?

Yorkshireman99

MJones995 wrote: »

So probate have sent out new corrected affidavits, well almost. They got the year the will was written/signed wrong, by several years. I despair. Doubt that this will help the situation with the elderly witness.

What happens if one witness signs the affidavit and another refuses for what ever reason?

You will have to ask the probate office.