How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I am the Executor for my late son in law. He left a simple

Resolved Question:

I am the Executor for my late son in law. He left a simple DIY will leaving the whole estate to his widow. The Estate will not be above the UK IHT limit.

I appointed a lawyer to obtain Probate.

She tells me the Probate Service have questioned the will because the 2nd witnesses full name , address & occupation details have been entered on a second sheet of paper which is not marked as "page two" .It was not attached in any way to the first page.

These details are the only items on "page 2". The second witness has signed the will on page 1 and then completed the details ( full name , address , occupation ) on "page 2" .

The witnesses declaration appears correct and is on page one prior to the witness signatures.

The Probate Service are only questioning the fact that the second witness filled in his details on "page 2". The will was sealed in an envelope that came to me with a covering letter telling me how he wanted the three children's education to be handled.

I have spoken to the second witness who remembers signing the will and filling in the details on "page 2". He would be happy to swear a statement confirming this .

If the Probate Service declare the will invalid do I have to treat the estate as one without a will or can I get a Court to determine if the Will is valid with a simple error ?

Thanks for any advice

Marty
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

I am sorry to hear about your loss.

Probate Registries nearly always ask for an affidavit from one of the witnesses to a home made Will, if there are any minor discrepancies.

From what you have told me, the Will was validly executed, so you have little to worry about. Basically, provided the witness is prepared to swear an affidavit, confirming that the second page did indeed form part of the Will and that he was present at the time your Son in law signed the Will and vice versa, the Probate Registry will proceed and issue Probate.

I therefore suggest that you contact the Solicitor and explain that the witness is happy to swear an affidavit to this effect. The Solicitor will then prepare the affidavit and send it to the witness for him to swear.

I hope this answers your question and puts your mind at rest.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you