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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My mother in line signed and dated her will however the

Resolved Question:

My mother in line signed and dated her will however the witnesses signed and dated the will 2 years later.
Is the will valid?
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

If you are saying that the witness added their name 2 years later and didn’t witness the signature at the time it was made, then the will is invalidif that is raised as an issue.

If you are saying the witness put the date and put the wrong date (there is no requirement for a witness to witness date the signature) then the will may be invalid and it would be for a court to decide whether it will allow the will to be admitted to probate or not

Can I clarify anything for you?

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I can still clarify things for you.

Best wishes.

FES.

Customer: replied 11 months ago.
Many thanks. Quite simply my mother in law signed and dated it in 2005. The two witnesses signed and dated their signatures two years later.
Expert:  F E Smith replied 11 months ago.

Thank you. There was no need for the witnesses to date their signature.

There only needs to be one date on the will and that is the date the will is executed.

When there are several dates noted, they must all be the same otherwise you end up with the problem that you have here.

I’m still not clear from the wording “The two witnesses signed and dated their signatures two years later” whether it was just the date was two years later or the signatures were two years later.

If the witness signatures were done2 years later, the will is invalid.

If the dates are simply wrong, but the witness witnessed your mother-in-law signature at the time she did it and they didn’t add their signatures 2 years later, it would need a court application to determine the validity of the will.

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