Will witnesses questionnaire from HMCTS …..

uknick

Anybody come across this? The executor of the will says the delay in getting probate, 30 weeks in total, was because HMCTS sent a questionnaire to the witnesses of the will and the witnesses subsequent delay in responding.  The executor tells me there were questions such as "did you witness the will being signed?".  He knows this because the witnesses still live next door to them and discussed it with him. 

The only issue with witnesses I’ve seen on here has related to them not signing the will correctly.  I’ve now seen the will and their signatures are correct and done in the right place.  But, for some reason, they’ve also initialled the bottom of the first page in a two page will.

Mind you, there was another two month’s delay in getting anything done as the executor says they weren’t aware probate had been granted until I chased them up.  Then, magically copies of the grant of probate were found in a pile of papers at the executor’s house!!!

Keep_pedalling

It does happen sometimes.

Slowplod

They stopped my mums probate because of a shaky signature on her will, they sent forms to the witnesses to prove they had seen the will signed to prove it was carried out correctly even though I had told them the witnesses were employees of the solicitors office. Took 9 months for probate to come through because of the delay.

silvercar

SO what would happen is a witness had died since witnessing the will?

Colette51

Yes - my mum made her will in hospital and had 2 health workers as witnesses. The court sent them a questionnaire which they haven’t returned, so probate is still not granted. It’s less than 6 weeks to the first anniversary of my mum’s death and we’ve not been able to sort her estate yet. There seems to be no follow up by the court or penalties for the witnesses.

Keep_pedalling

Colette51 said:

Yes - my mum made her will in hospital and had 2 health workers as witnesses. The court sent them a questionnaire which they haven’t returned, so probate is still not granted. It’s less than 6 weeks to the first anniversary of my mum’s death and we’ve not been able to sort her estate yet. There seems to be no follow up by the court or penalties for the witnesses.

Unfortunately this can happen and witnesses can be difficult to track down or non responsive, particularly if they are total strangers unknown to the executors. I would chase up the probate office to see what follow up action they are taking.

Is the estate contested in any way?