Testing Clause not on the Will
Background info : My parents had 'twin/ mirror' wills made when they bought their house. Dad has now passed away. I am named as second executor along with the solicitors firm that prepared the wills. I have requested a letter of declinature from the solicitors as intend to go it alone and save mum some money. My mum is the sole beneficiary.
Both the wills are the same and dated on the front cover page with the year but no other date. At the end/ last page there is a section, above the witness signatures and granter signature, written in pencil which says to leave this section blank / do not write here. I assume that this is where the information on where and when signed would go and I wanted to ask if I can do this myself before submitting the Confirmation form. I have the information as to where and when.
Neither of the two witnesses are designed either. Should I fill this information in too ie below the witness signatures ? Same witnesses for each will, both predeceased .
By way of explanation it appears to me that my parents did not return the wills after they got them witnessed. There is a stamped address envelope with the Wills and a covering letter asking them to get them signed and return in the envelope. For whatever reason, looks like this did not happen.
Welcome any assistance with this as the solicitors firm named on the will has asked for a copy of the will and my ID before they will issue the letter / minute of declinature.
They wrote to me advising that :
1. Initially for us to draw up the letter of declinature, it would be around £125-£175 + VAT (depending on the complexity of the wording of the deed), which would likely also include the costs of sending the deed out to you once signed as well.2. If, as you mentioned, there is no note of the date and place of signing, this may add substantially to the costs of confirming the way in which it should be set up to make it formally valid (this is the term used by the court to confirm when a will is valid and can be used to obtain the grant of confirmation).
Any guidance on this would be very welcome. TIA
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