Thank you back to me Clare.
Solicitors instructed Title Research as no will was found, including a search of the house, local solicitors and Certainty.co.uk
Nothing was signed with title research (they found 7 heirs), nor requested, and nothing was signed with the solicitors, again, there was no instruction or fees pack.
A Grant of Letter of Administration was given to a fist cousin of the deceased, who would also be a beneficiary if our relative died intestate.
I have not seen the content or terms.
We have had our own expert give a 1st opinion, and not involved the solicitor.
I don't think probate has been granted as the will is contested?
The witnesses signatures to the will are illegible, and there are no names or addresses. The executor and beneficiary to the will is the only person who can identify the signatures.
I came across this ...
A will will be presumed as being duly executed if on the face of it, it is properly executed.
Courts have been and continue to be robust in their application of the presumption of due-execution. In order to contest a will on the grounds of lack of due-execution, strong evidence is required or the court will revert to the application of the presumption. , in the case of Channon v Perkins , although both witnesses were sure they had not signed a document in the testator’s presence, the court characterised the witnesses’ evidence as a mere failure to recollect. Witnesses therefore need to positively remember specific events where something went wrong with their execution. It is also helpful if they can be traced to give evidence of lack of due execution. , in the case of Murrin v Matthews , the presumption was rebutted because although the will was signed by two witnesses, there was no address given nor could they be found. Since the sole beneficiary of the will was “overwhelmingly likely” to have been involved in the preparation of the will, and there was no evidence by the witnesses as to its execution, the will was found to be invalid
Thank you Clare