Probate - will witnesses

jsh99

Hi all

I was reading another thread about probate and noticed that some people have had to wait for witnesses to a will being written too.

Is it always the case that witnesses are written to?  If not what circumstances might trigger this?

What happens if a witness is now deceased or has moved abroad?

My mothers will was signed on her behalf in front of two witnesses after being read to her as she was too frail to sit up and sign herself.  Is this going to cause even more issues?

I am in England if it helps.

TIA.

Flugelhorn

they don't usually contact witnesses (can be decades ago after all - the witnesses to my mother's will both predeceased her)

they may have to contact them in this case - any time where there is any doubt about the will and its signing 

- was she able to make a mark and then they could witness that that was her mark? or was it signed by someone else entirely? 

jsh99

Signed by someone else entirely, the wording did state about having read it to her and her understanding what it said and that someone was signing for her and that the whole process was also witnessed by two people, which it was and duly signed by those two people also. So it had the required attestation clause.

The only way she could have made a mark was for someone to hold her hand  which I was told is not allowed.

Flugelhorn

that is absolutely fair enough! seems as though having the attestation clause is important in these cases. 

I honestly don't know  if they will contact - suspect they do for a sample or is there are any concerns re the process- clearly if witnesses have died then they  can't give a statement. Similarly if abroad, though communication is a lot easier these days. 

Are the witnesses still around or have they moved / passed on?

jsh99

Two moved abroad and one passed away.

Will just have to wait and see I guess.  I just want it all over and done with to be honest, the whole sorry saga of her her health/care nearly broke me last year so really want to put it all behind me.

Slowplod

When I applied for probate for my late mum they did ask for details for the witnesses as my mums signature was quite shaky.  The will had been written by a solicitor and witnesses by 2 of the solicitors employees. I just gave the solicitors details and they eventually contacted the witnesses with a form to complete to say the will had been carried out correctly. Hopefully they won't query your application.