Probate Office - problem validating will

CuddlesTC

poppystar said:

In case the Probate Office are not aware of the situation re the daughter - and no reason they should - then appraise them of the fact that your mother is the person who would benefit under intestacy. They asked me to sign a Statement of Truth drawn up by them to confirm the will reflected what would happen under intestacy in my case and that was the end of it. Probate granted in only took 48 hours! It helped that by that stage there was actually a human who had finally taken charge after months of the application going between offices. 

Oh wow, that’s incredible! Thank you very much for the info

eddyinfreehold

Sounds to me like an overzealous and under trained clerk. It needs to be seen by someone higher up.

I don't know if this helps, but this is from the College of Willwriting...

"Position of the Signature

The original section 9 of the Wills Act 1837 required the testator’s signature appear at the foot of the
will, and this was interpreted very strictly by the courts until the Wills Act Amendment Act 1852 sought
to rectify this by providing a wider definition of ‘foot or end’. For an example of just how strictly this was
interpreted see the case of Smee v Bryer [1848] 1 Robb.Ecc 616 where a will was held invalid as the
testator’s signature was not placed within the eight-tenths of an inch left blank at the bottom of the
page, but was instead made on a following page.
Following the amendment to s9 made by the AJA 1982 the testator’s signature is no longer required to
be at the foot or end of the will to give effect to it.
Where a will consists of multiple pages there is no requirement in English law for the testator to sign
every page provided at the time of execution all of the pages are attached. Some Practioners opt to
have the testator sign every page anyway as a precaution, as it is suggested that this would lend
extra support towards proving the testator had sufficient knowledge and approval of the will if
challenged."

REF: Administration of Justice Act 1982 Part IV : 17

CuddlesTC

Update: my mum spoke to someone at the Probate Office, who said the will looked fine to her, and that not being able to find witnesses was common. 

She asked Mum to send a statement of truth (or something along those lines - I wasn’t there so I’m getting this secondhand) which she did, and we’re now waiting to see what happens next.

Thanks again for all your help everyone, and if you could just keep all your fingers crossed for me for a little while until we hear the outcome, that’d be great!

Skiddaw1

Good luck @CuddlesTC . Do keep us posted won't you?

JJWSJS8700

Doesn’t your Mother have to prove that the deceased’s daughter is legally adopted?

BooJewels

JJWSJS8700 said:

Doesn’t your Mother have to prove that the deceased’s daughter is legally adopted?

Presumably not if the will is validated and probate granted - as the will leaves everything to the mother.  That would only be an issue if the will isn't found acceptable and they have to follow the rules of intestacy.

JJWSJS8700

But that’s the problem the Will is being queried so probate not granted.

An advertisement in the London Gazette plus local newspapers need to be made even if probate is granted, unless the poster has proof that the daughter is legally adopted.

GrumpyDil

Why would the advert be required if probate is granted on the will? 

BooJewels

JJWSJS8700 said:

But that’s the problem the Will is being queried so probate not granted.

Probate hasn't been granted yet, but further to the OP's post above, it looks like it might be in the process of being sorted, hopefully.  If it is, then no one has to prove the daughter was adopted as the contents of the Will will stand and the deceased's sister will inherit.  

bobster2

GrumpyDil said:

Why would the advert be required if probate is granted on the will? 

In case the Estate has debts to settle that the Executor is not aware of.

Probate grants someone the authority to settle the debts and distribute what's left. Doesn't tell you who is owed what.