Will

hook

My mum made a will over the phone with a solicitor a few months ago. The paper work was sent and signed with 2 witnesses. She has now called them and amended part of the will.
Mum has terminal brain cancer and does not have long to live. What would happen if she were to die before she receives the paper work. And does it have to be signed again by 2 witness? 
Thankyou

Mojisola

Until the new will is made and witnessed, the old will stands.

If the worst should happen before it is received and witnessed, the executors will work off that will.

Keep_pedalling

If it fails to be signed and witnessed in time, her final wishes could still be achieved if all effected beneficiaries agreed to make a deed of variation. Probably achievable if we are talking about small changes but not if the new will disinherits someone. 

Marcon

hook said:

My mum made a will over the phone with a solicitor a few months ago. The paper work was sent and signed with 2 witnesses. She has now called them and amended part of the will.
Mum has terminal brain cancer and does not have long to live. What would happen if she were to die before she receives the paper work. And does it have to be signed again by 2 witness? 
Thankyou

Whether it's a whole new will or just a codicil (a sort of legal PS which modifies an existing will), it'll need to be signed by your mum and witnessed by 2 witnesses (they don't need to be the same ones as before).

Given the urgency, ask the solicitors to have the papers couriered to your mother this coming week.

cymruchris

Or given the urgency - get a local solicitor i.e. within walking distance to draft the new will as a priority, paying a premium service if necessary, and ask them to bring it around asap, along with two company representatives to sign the witness boxes. 

(And in doing so - if any of the changes are major, it might be useful to add a 'letter of supporting explanation so that she can say why she's doing what she's doing - that can be signed, and stored with the will - so that if someone has been cut out for example - it can explain why she decided to do what she did. If then it's contested at a later date - this can be useful information if needed)

hook

Thankyou for that

MovingForwards

If she told them it was urgent due to short prognosis, they should have rushed / prioritised the new will / codicil.

hook

Hi thankyou to all that replied
Update I called them and explained  and they said 28 days for them to write the changes and send It I did call a couple of solicitors near me and they pretty much said the same, eventually mums solicitors sent it through within a week my issue now is her 2 witnesses signed it I sent it back next day delivery they sent me today another will and said the other one wasnt signed properly so it turns out one of the witness signed under a box and not in the box but all correct details are they being picky and it's still legally completed ? Thankyou

poppystar

Your mother should sign the new Will and get it witnessed as soon as possible. Should your mother sadly pass before this then you can worry about the legality and/or whether the solicitors are being picky then. For now time sadly is of the essence for you.

cymruchris

hook said:

Hi thankyou to all that replied
Update I called them and explained  and they said 28 days for them to write the changes and send It I did call a couple of solicitors near me and they pretty much said the same, eventually mums solicitors sent it through within a week my issue now is her 2 witnesses signed it I sent it back next day delivery they sent me today another will and said the other one wasnt signed properly so it turns out one of the witness signed under a box and not in the box but all correct details are they being picky and it's still legally completed ? Thankyou

Better to get it right if you can - so that the opportunity to challenge it is reduced - if you feel that might happen. 

TBagpuss

IF the ONLY issue is that someone singed underneath a box rather than in it then it should still be valid - the legal requirements for a will are that it is in writing, signed by the testator in the presence of 2 witnesses and by two witnesses in the presence of each other and of the testator.

BUT it would be better to get it re-signed absolutely correctly, if you can, to avoid any issues (and in case there's been a misunderstanding and there is any other issue.