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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am named in my mothers will as an executor and a trustee

Customer Question

I am named in my mothers will as an executor and a trustee along with my sister.
I am listed as receiving a couple of specific bequests and receiving the residue of the estate.
One of the witnesses to the will when it was signed in 2003 was my partner at the time Mr Gary O'Neal.
Since then in 2006 we have had a civil partnership ceremony.
My mother has now died and I have received a query from the court saying "Please note that the gift for Gary O'Neales spouse / civil partner would be void as Mr O'Neale has witnessed the will"
What does this mean?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
If you were in a Civil Partnership at the time of the signing of the Will then the gift to you would be void
However since your Civil Partnership came after the Will was witnessed all is well - and you should simply send a Copy of your certificate to the Probate Office
You can read more here
http://www.privycouncil.org.uk/Formalities/Components/Who-may-be-a-witness.html
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank You Clare


your reply was very helpful.


Victor

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare