Improper Execution of Wills
The way you go about validly executing a will is dictated by statute section 9 of the Wills Act 1837 as amended by the Administration of Justice Act 1982.
The provisions are that:
- The will has to be in writing.
- It either has to be signed by the person making the will (testator), or by some person in the testator’s presence who directs him or her to sign of the testator’s behalf.
- That it is clear from the Testator’s signature he intended to give effect to the will
- The signature is made or acknowledged by the Testator in front of two witnesses.
- Those two witnesses then confirm they have witnessed the will by both signing the will before the Testator having witnessed him signing the will.
There is very little latitude in regard to these necessary steps, and any digression, in our experience, is soon picked up, after death, by the District Registrars at the various probate registries spread throughout England and Wales.
What usually goes wrong?
In our long-standing experience we have found the deceased Testator to have been asked to sign a will by a third party, then that third party take the same to be signed by two witnesses in different locations at different times.
On a number of occasions we have found that a Testator who was not well, especially those in hospital at the time, have had witnesses that could not medically testify they were fit enough to sign.
Contact us now to find out if you can make a claim and challenge a will.
Or call on 0115 963 0179 - Without Obligation.
Have a Question?
Call us on 0115 963 0179 or use the button to the right.
For a No-Obligation and Free Enquiry.