Not sure if I have a valid will? 18 June 2022 at 2:58PM in Deaths, funerals & probate 12 replies 681 views

Funduro

My Father passed away last week and I am currently trying to sort out all of his financial affairs. My question concerns his will. I have two versions of the will, one is a copy of the original released by the solicitors, it states that I am the sole executor and has been signed by two independent witnesses. The later version from a couple of years ago is handwritten but has no witness signatures. Again it states me as the heir to his property, personal capital and other personal possessions. Is this enough to constitute a valid will? I was his only son.  Any help appreciated. 

Robin9

The later version is not valid -     it has to be witnessed

Funduro

Thanks Robin I guess I apply for probate as the most ‘entitled’ person to become the administrator of the estate.

JGB1955

AIUI you need to get the original of the first will - is it held by the solicitors?  Or are you saying that only a copy has been found?

Funduro

@JGB1955 . I think the original will was being held at Midlands Bank which does not exist anymore. I have found copies. 

JGB1955

Funduro said:

@JGB1955 . I think the original will was being held at Midlands Bank which does not exist anymore. I have found copies. 

HSBC should be able to help you trace it.

Funduro

Thanks JGB I will give that a go on Monday. 

Alderbank

You say the handwritten one is 'from a couple of years ago'.

If your father had written it more than 27 years ago and in Scotland it (probably) would have been valid. Holograph wills (not witnessed but written entirely in the testator's handwriting) were valid in Scotland until 1995.

Funduro

I have a solicitors certified copy of my mothers original will, a copy of my fathers will and two handwritten wills(no witness signatures). My father owned property and had a couple of savings accounts, which are above the banks probate threshold. I appear to be the sole executor and no other family members are involved with the inheritance. Just wondering what the best what the best way forward is to deal with his estate (below inheritance tax thresholds). I have a cost free meeting with a consultant on wednesday, so any independent advice is appreciated. Thanks for all your input.

RAS

If the solicitors released a copy of the will, surely they still have the original?

If they've gone out of business the Law Society will know who took their paperwork.

Funduro

@RAS The original solicitors firm does not exist anymore. I am not sure that the firm that replaced them will have the original will, I believe it was transferred to an old Midland Bank now HSBC which does not keep these documents as far as I am aware. Put simply I believe the original is lost. Being the only child (no surviving partner) I believe I might have to apply for Intestacy.