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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My deceased partner's will was written and dated the day before

Resolved Question:

My deceased partner's will was written and dated the day before it was witnessed and signed and dated by himself and two witnesses. The solicitor representing the executor to the will says this could be a problem and it may not be legal. What can be done.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Is the Solicitor saying it may not be legal because it was dated incorrectly or because your partner may not have been fully compos mentis the day before he died?

Are both witnesses still alive?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 2 years ago.
As I am not the executor to the will I have not spoken to the acting solicitor in person. I think the reason is that the dates do not match, but not sure. Both witnesses are still alive.
Expert:  Aston Lawyer replied 2 years ago.

Hi Jenny,

Thanks for your reply.

I am also of the view that he is querying the date issue.

Legally, a Will is valid provided it is signed by the Testator in the presence of 2 witnesses who also sign in front of the Testator. Provided this has been done, the Will is valid, even if there is no date inserted.

However, the Probate Registry will query the date issue and it would just be normal in these circumstances for 1 or both of the witnesses to swear a Statutory Declaration stating that the WIll was indeed validly executed and also explaining hte fact that the WIll had already been dated. The Solicitor dealing with the Estate will prepare this Declaration.

I thereofre think you do not have too much to worry about, provided the witnesses can remember signing the Will and are prepared to swear the due Declaration.

I hope this helps you and answers your question.

Kind Regards

Al

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