challenging a will

ringryan

Hi

can a person who is challenging a will have their solicitors phone a witness who signed a will and ask them questions can he/her refuse this

xylophone

See https://www.irwinmitchell.com/personal/wills-trusts-estates/wills/guide/witnessing-a-will

A witness doesn’t have any ongoing legal responsibilities once they’ve signed the Will. The only time they might be called upon again is if there is a challenge to the validity of the Will after the testator has died.

 

If someone claims that the signature is forged, or that the testator was either pressured into signing or didn’t have the mental capacity to sign, the witness’ testimony could be vital. They may be asked to sign an affidavit to confirm the circumstances in which the Will was signed.

ringryan

thats what i believe whats happening can he/she still ask by post only

xylophone

The solicitor can write to the witness and ask questions  relating to the matters covered in the previous post.

Marcon

xylophone said:

The solicitor can write to the witness and ask questions  relating to the matters covered in the previous post.

Whether the witness chooses to answer (and indeed still lives at the address given at the time they witnessed the will) is another matter.

ringryan

Thanks for all your input