How should a will be dated?

debydiver

Answered, thank you.
I can't find how to close or delete a forum post.

Keep_pedalling

As you said you typed the will, your SILs interference is probably a good thing, as DIYing a will is seldom a good idea. Get a new one done, and this time use a solicitor.

Yorkshireman99

Keep_pedalling wrote: »

As you said you typed the will, your SILs interference is probably a good thing, as DIYing a will is seldom a good idea. Get a new one done, and this time use a solicitor.

I agree. Regardless of the will being valid the only sensible course is to get a new one done. £100-150 from a solicitor will be worth the peace of mind. This time let the solicitor store which they will do for free.

Brynsam

A will doesn't need to be dated at all to be valid, although it's a good idea for the testator to date it in case there is any dispute about whether it is the 'latest' version. The witnesses don't need to date their signatures, but both need to be personally present at the time the testator signs.

Section 9 (a) of the Wills Act 1837 provides that in order for a will to be legally valid, it must be:

- in writing
- signed by the person making the will (testator), or by another person in their presence and by their direction
- in the presence of two or more independent witnesses present at the same time, and who must attest and sign the will

debydiver

Thank you, that was exactly what I was thinking. I am confident that the will is fine as it is and doesn't require rewriting it just to change a typed date to a handwritten one.

Mojisola

debydiver wrote: »

I left my will with my sister in law in a sealed envelope, marked, WILL - to be opened in the event of my death. Well, despite that she obviously thought she should open it and take a peak (which is another matter), but now she tells me the will is invalid and I need to make another one.

She wants me to get the will made up again (clearly worried she might not get the money if I die).

But I don't think its necessary and can't spare the money to go and get this done right now.

As your sister is concerned about her inheritance, would she pay for the solicitor to get a new one done?

Yorkshireman99

debydiver wrote: »

She doesn't have two coins to rub together, just a lot of debt. She spends everything she gets in, and more. Maybe I should be worried she is thinking of getting access to her inheritance soon! Hahaha, only joking.

Where are you going to have it stored? Your sister clearly can.t be trusted with it.

Keep_pedalling

debydiver wrote: »

Answered, thank you.
I can't find how to close or delete a forum post.

It is considered bad form, to delete a thread. The question may be answered to your satisfaction, but the thread may still be useful to others.

Tom99

debydiver wrote: »

I left my will with my sister in law in a sealed envelope, marked, WILL - to be opened in the event of my death. Well, despite that she obviously thought she should open it and take a peak (which is another matter), but now she tells me the will is invalid and I need to make another one.

She says the date on the will is typewritten (as is the rest of the document), but to be valid, it has to be written in handwriting.
She also says that each of the witnesses has to write in the date next to their name as well.

Neither of these makes any sense to me. What the hell does it matter if I typed in a date or wrote it in, provided it is the correct date, in the right format and is the date that the will was signed?
And why should witnesses be required to each date it as well seeing all three of us were present at the same time completing the will and witnessing each other's signatures.

She wants me to get the will made up again (clearly worried she might not get the money if I die). But I don't think its necessary and can't spare the money to go and get this done right now.

I've not found anything online that says the date has to be handwritten or the will is void. Nor that witnesses need to also write in the date of signing.

Can anyone confirm or deny?

The original question............

chesky

Cheeky sister in law! I'd change my will.

Robin9

I have a copy of my own (solicitor prepared) will and it has a cover page with the date handwritten.

The opening declaration also has a handwritten date.

My signature is not dated nor is that of the two witnesses.

The requirement seems to be that you need to prove when it was written (a solicitor's bill could do this) and that it has not been superseded.

It's so easy these days to rewrite your will as the solicitor holds it on his PC - OP go to the solicitor and pay for a new will (then give a copy to your executor)