Identifying the witnesses of a Will

chocolatepennyfarthing

Hi does any one know if you need to be able to identify the witnesses to a Will to make sure that it was properly executed/ valid? I ask this as a family member’s Will is in dispute. His Will appears to be witnessed by the presence of two undated signatures, under his, but the signatures are difficult to read and aren’t accompanied by any names, addresses or contact details making it difficult if not impossible to identify who the witnesses were. Does this mean the Will is invalid or does the fact that there are two signatures make the Will ok?

Grateful for any advice.

GreenQueen

Is it worth asking at the solicitor's office first? I believe it's quite common for solicitor's staff (receptionist, etc) to be witnesses, and the signatures may be recognised. Having said that, I would have hoped that if the signing was organised through a solicitor's office that it would have been done in such a way that it was clear...

Yorkshireman99

chocolatepennyfarthing wrote: »

Hi does any one know if you need to be able to identify the witnesses to a Will to make sure that it was properly executed/ valid? I ask this as a family member’s Will is in dispute. His Will appears to be witnessed by the presence of two undated signatures, under his, but the signatures are difficult to read and aren’t accompanied by any names, addresses or contact details making it difficult if not impossible to identify who the witnesses were. Does this mean the Will is invalid or does the fact that there are two signatures make the Will ok?

Grateful for any advice.

The signatures and names and addresses of the testator and both witnesses must be done and dated at the same when all three are present. Nothing else is valid. I am not surprised the will is being challenged presumably by the probate office. Unless evidence of the witnesses and signatures can be proven the will is unlikely to be admitted to probate. I assume this is a home made will.

Keep_pedalling

Yorkshireman99 wrote: »

The signatures and names and addresses of the testator and both witnesses must be done and dated at the same when all three are present. Nothing else is valid. I am not surprised the will is being challenged presumably by the probate office. Unless evidence of the witnesses and signatures can be proven the will is unlikely to be admitted to probate. I assume this is a home made will.

It is not actually necessary to provide a date the signatures or even date the will at all, although you should, but just a couple of unreadable signatures is a major problem. If the witnesses can’t be identified then any challenge to the will is almost certainly going to succeed.

chocolatepennyfarthing

Is there a law we can refer to that states that Yorkshireman99?
It is a home made will.

Yorkshireman99

chocolatepennyfarthing wrote: »

Is there a law we can refer to that states that Yorkshireman99?
It is a home made will.

Start with the Wills Act 1837 as amended. It just illustrates why one should only ever get a wil prepared by a solicitor.

Keep_pedalling

chocolatepennyfarthing wrote: »

Is there a law we can refer to that states that Yorkshireman99?
It is a home made will.

It will not automatically invalidate the will, if the witness can be traced and can confirm that they did indeed witness the testator signing the will then it will make a challenge more difficult. When it comes down to it the challenge will be decided by a court, unless someone throws in the towel.

Yorkshireman99

Keep_pedalling wrote: »

It is not actually necessary to provide a date the signatures or even date the will at all, although you should, but just a couple of unreadable signatures is a major problem. If the witnesses can’t be identified then any challenge to the will is almost certainly going to succeed.

Soy but this simply wrong.

chocolatepennyfarthing

Thanks for all the advice. Unfortunately it looks like this is going to be very messy. It’s such a shame he didn’t get a solicitor to draw up his Will. It’s clear from what he’s written what he wanted to happen to his estate, but because of some grammatical mistakes that’s not going to happen. And now because of the way it’s been witnessed it looks like it might be invalid.

If the Will is going to have to go to court to be decided do people need to get legal representation to argue their case or will the court just decide on the basis of the Will ?

Yorkshireman99

Ifthe will is submitted for probate it is 99% certain to be refused. Realistic;y challenging it will be expensive and pointless action. By all means ask a solicitor but I would expect them to confirm this.

Yorkshireman99

In theory yes but in practice very unlikely to succeed. To suggest otherwise is pure folly.