What happens if an invalid will is sent to probate office?

MrsR1234

My mother recently passed. My sister is holding the will and intends to act as executor as the will states this. However the will is not witnessed. Therefore I believe it to be invalid.

My sister does not feel it is. If she applies for probate do they even review the will to ensure it meets all the points to be considered valid? Signed, witnessed etc.

Would they refuse grant if probate for an unwitnessed will? I think it should be administration under intestacy

I can't seen to find anything about what,the probate office do, once application has been received.

Thanks

Keep_pedalling

It is definitely invalid, and highly unlikely to slip through the probate office unnoticed. The correct procedure know is to apply for letters of administration. If you sister is insistent you should probably lodge a caveat with the probate office just in case it is not picked up.

If the invalid will treats the beneficiaries differently to intestacy rule, your mother’s wishes could still be met by making a deed of variation but that would need the agreement of all adversely effected beneficiaries.

melanzana

A will that is not witnessed is not valid. End of story.

So then the estate will pass on intestacy.

Is there a solicitor involved in extracting Probate? S/he will advise that the will is invalid.

Sorry for your loss.

MrsR1234

Thank you both.

This was what I wasn't sure on, whether they actually view the documents to check for these things.

I saw about the caveat but was worried that I would end up incurring large costs, as it seems it would be back & forth between myself & her potentially until neither back down & ends up in court.

I would really rather avoid that, but I need to make sure the right thing in law is done. I really don't want her getting into trouble if she is doing something wrong.

No solicitor helping as far as I know (I've been shut out somewhat) but has indicated that they will seek legal advice now it's validity has been pointed out.

Owain_Moneysaver

MrsR1234 wrote: »

My mother recently passed. My sister is holding the will and intends to act as executor as the will states this. However the will is not witnessed. Therefore I believe it to be invalid.

Can I just check whether English law applies?

If the Will was made under Scottish law it's different (before and after 1 August 1995) and an unattested (unwitnessed) will can still be valid, but is not probative (self-proving) and must be proved by affidavit evidence.

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12047

MrsR1234

Sorry I don't appear to able to quote.

English Law. Written within the last 2 years

Marcon

Worrying that your sister intends to act as executor when she doesn't even recognise when a will is invalid.

Suggest you apply for letters of administration while she faffs around.

Yorkshireman99

Marcon wrote: »

Worrying that your sister intends to act as executor when she doesn't even recognise when a will is invalid.

Suggest you apply for letters of administration while she faffs around.

That is not the correct way to do it. The executor needs to get the Probate Office to ek if h will is valid or not. That MUST be done BEFORE an LOA is applied for instead.

Savvy_Sue

melanzana wrote: »

A will that is not witnessed is not valid. End of story.

So then the estate will pass on intestacy.

Unless there is an older will which IS valid.

theoretica

Is this definitely the only copy of the will? Was it written by solicitors who might have kept the original, or the original been kept by your parents with other papers? My parents gave me an unsigned copy of their wills, but also told me where the originals are.

p00hsticks

theoretica wrote: »

Is this definitely the only copy of the will? Was it written by solicitors who might have kept the original, or the original been kept by your parents with other papers? My parents gave me an unsigned copy of their wills, but also told me where the originals are.

I was going to say the same - the copies of our wills that we have in the house are unsigned and not witnessed - those versions were retained by the solicitor.