Inheritance, Wills & Probate questions?

bery_451

Hi coming back any help on the signatures part? Really difficult to do in lockdown.

xylophone

Have they asked their neighbours as suggested in my previous?

Keep_pedalling

While the weather is nice, you could sign and have it witnessed in the garden or some other outdoor space where social distancing will be easy. 

Malthusian

Linton said:

1) The will must be signed by two witnesses.  Otherwise anyone could write a will for someone else and forge the signature. ISTR there are special cases like "battlefield" wills but that is hardly relevent here.

You may be thinking of holographic Wills. Holographic Wills are invalid under UK law and as far as I'm aware there are no special circumstances where a holographic Will would be valid. If you're in a foxhole in Syria facing certain death, about to leave your widow with an almighty mess under intestacy laws, and write a Will and shove it inside your ammunition case, that's tough luck, you're going to leave your widow an almighty mess. Should have sorted it out before you left Blighty.

xylophone

If you're in a foxhole in Syria facing certain death, about to leave your widow with an almighty mess under intestacy laws, and write a Will and shove it inside your ammunition case, that's tough luck, you're going to leave your widow an almighty mess. Should have sorted it out before you left Blighty.

https://www.hughjames.com/blog/soldiers-wills-can-be-complicated

Linton

Malthusian said:

Linton said:

1) The will must be signed by two witnesses.  Otherwise anyone could write a will for someone else and forge the signature. ISTR there are special cases like "battlefield" wills but that is hardly relevent here.

You may be thinking of holographic Wills. Holographic Wills are invalid under UK law and as far as I'm aware there are no special circumstances where a holographic Will would be valid. If you're in a foxhole in Syria facing certain death, about to leave your widow with an almighty mess under intestacy laws, and write a Will and shove it inside your ammunition case, that's tough luck, you're going to leave your widow an almighty mess. Should have sorted it out before you left Blighty.

mmm see https://www.lexisnexis.com/uk/lexispsl/willsandprobate/document/393767/55KG-P271-F18C-512S-00000-00/Validity_of_Wills_overview where it says that the Wills (Soldiers and Sailors) Act 1918 identified certain privileged people for whom the usual formalities did not apply.

From elsewhere it would seem the situation is unclear, I guess because there has been no opportunity to test it in the courts.

bery_451

xylophone said:

Have they asked their neighbours as suggested in my previous?

Yes asked but virus fears.

bery_451

Keep_pedalling said:

While the weather is nice, you could sign and have it witnessed in the garden or some other outdoor space where social distancing will be easy. 

Tried it but virus fears of touching will paper or using my pen. Surely there must be a online signature service where I send the will by post or go to a local solicitor office to get it just signed and witnessed or can anyone confirm such countersigning services dont exist?

Linton

bery_451 said:

Keep_pedalling said:

While the weather is nice, you could sign and have it witnessed in the garden or some other outdoor space where social distancing will be easy. 

Tried it but virus fears of touching will paper or using my pen. Surely there must be a online signature service where I send the will by post or go to a local solicitor office to get it just signed and witnessed or can anyone confirm such countersigning services dont exist?

How can it be online???  The witnesses must sign to confirm that they personally saw the will being signed by the testator. So they need to be physically there at the time.

xylophone

Tried it but virus fears of touching will paper or using my pen. 

Wear gloves and use their own pen?