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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was always very close to my great aunt and her husband because

Customer Question

I was always very close to my great aunt and her husband because they never had any children. My great aunt died 17 years ago and I remained in very close contact with her husband and we became almost like father and daughter. My great uncle had one nephew who had one son. My uncles nephew died in 2010. His son has never visited or contacted his great uncle apart from on one occasion. At 89my uncle was taken into hospital and informed the hospital I was his next to kin. Unfortunately my dear uncle passed away. He left a will written in 1998 leaving his estate to be share equally between his nephew and me. His estate amounted to around £15000.00 between 3 banks. The nephews son is now disputing the will saying the will is invalid because it is not signed. At the top of the will my uncles has signed his name before he wishes. Do I have the right to the estate
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the Will witnessed if so by whom?
Clare
Customer: replied 2 years ago.
Hi Clare,

The will is signed and dated by two witnesses, they have both since passed away but if I needed to I could probably get proof of their signatures by asking for tenancy agreements from the complex that they lived at or I know that one of them still has a sister alive who could verify the signature.

At the top of the will where my uncle has written his own name, he has written it like he would usually sign and I have his driving license to show that it is identical to how he signed.

Thanks
Expert:  Clare replied 2 years ago.
Hi
Is it clear that the witnesses saw him sign it?
Clare
Customer: replied 2 years ago.
Yes it's clear because they have signed at the bottom of the will, there isn't a particular space for his signature on the will only a place to write his name, but he has signed in the space to write the name. Then the two witnesses have signed and written their address at the bottom where it says witnessed by.
Expert:  Clare replied 2 years ago.
Hi
Who are the appointed Executors?
Clare
Customer: replied 2 years ago.
David who passed away in 2010, he was the executor and only other person named on the will other than myself
Customer: replied 2 years ago.
And the entire estate after funeral cost totalled to £13000 approx
Expert:  Clare replied 2 years ago.
HI
There is clearly a problem as the Will has not be signed in the expected place which raises a question as to whether it was actually signed in the presence of the two witnesses - and it is too late to actually ask them.
Having said that it would appear that the signature is valid.
The first thing to remember is that you are arguing about £6,500.
Indeed you may wish to point out the the other person that challenging the Will will cost as much if not more than he would recover if he challenges the Will - whilst you will lose nothing
I hope that this is of assistance - please ask if you need further details
Clare

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