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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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My brothers wife has recently passed away they were still married

Customer Question

My brothers wife has recently passed away they were still married and living together but the property was in her name only . we have seen a will that leaves every thing to her son but it was not signed or witnessed is this a legal document and also how will he find out if there has been another will written
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. A document which is not signed or witnessed is not a valid will, even if it purports to be a will. Accordingly, this document which your brother's wife created in which she purported to leave everything to her son, is not a valid will. So it will not be admitted to probate. However, you should check with whatever solicitor dealt with the family affairs in case, this lady did in fact make a will. Or else, that she did get this document signed and witnessed with a solicitor. There is no central repository for wills, so a search with whatever firm(s) of solicitors she might have dealt with should be carried out. In that way, you can rule out the making of a will, if none turns up. Then the statutory rules of intestacy apply. However, if it turns out that your brother's wife did get this document signed and witnessed with a solicitor, then it will be a valid will. So be sure to carry out the necessary checks as it would be odd that she created a document but never got it done properly.